S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3992
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 22, 2019
                                ___________
 
 Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the penal law, in relation to creating  the  offense  of
   unlawful funeral protest
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The penal law is amended by adding a new section 240.12  to
 read as follows:
 § 240.12 UNLAWFUL FUNERAL PROTEST.
   1. A PERSON IS GUILTY OF UNLAWFUL FUNERAL PROTEST IF HE OR SHE ENGAGES
 IN PROTEST ACTIVITIES AT ANY LOCATION AT WHICH A FUNERAL IS HELD, WITHIN
 ONE  HOUR  PRIOR  TO THE COMMENCEMENT OF ANY FUNERAL, AND UNTIL ONE HOUR
 FOLLOWING THE CESSATION OF ANY FUNERAL, IF SUCH PROTEST ACTIVITIES:
   (A) TAKE PLACE WITHIN ONE THOUSAND FEET OF A ROAD, PATHWAY,  OR  OTHER
 ROUTE  OF  INGRESS  TO  OR EGRESS FROM CEMETERY PROPERTY AND INCLUDE, AS
 PART OF SUCH ACTIVITIES, ANY INDIVIDUAL WILLFULLY MAKING OR ASSISTING IN
 THE MAKING OF ANY NOISE OR DIVERSION THAT DISTURBS OR TENDS  TO  DISTURB
 THE  PEACE  OR GOOD ORDER OF THE FUNERAL, MEMORIAL SERVICE, OR CEREMONY;
 OR
   (B) ARE WITHIN ONE THOUSAND FEET  OF  SUCH  CEMETERY  AND  IMPEDE  THE
 ACCESS TO OR EGRESS FROM SUCH CEMETERY.
   2. AS USED IN THIS SECTION:
   (A) "FUNERAL" MEANS THE CEREMONIES, PROCESSIONS, AND MEMORIAL SERVICES
 HELD IN CONNECTION WITH THE BURIAL OR CREMATION OF THE DEAD; AND
   (B) "PROTEST ACTIVITIES" MEANS:
   (1) ANY PICKETING OR SIMILAR CONDUCT;
   (2)  ANY  ORATION,  SPEECH  OR USE OF SOUND AMPLIFICATION EQUIPMENT OR
 DEVICE OR SIMILAR CONDUCT THAT IS NOT PART OF A COMMEMORATIVE SERVICE;
   (3) THE DISPLAY OF ANY PLACARD, SIGN, BANNER, FLAG OR SIMILAR  DEVICE,
 UNLESS SUCH DISPLAY IS PART OF A COMMEMORATIVE SERVICE; AND

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02962-01-9
              

 S. 3992                             2
 
   (4) THE DISTRIBUTION OF ANY HANDBILL, PAMPHLET, LEAFLET OR OTHER WRIT-
 TEN  OR  PRINTED  MATTER,  OTHER THAN A PROGRAM DISTRIBUTED AS PART OF A
 COMMEMORATIVE SERVICE.
   3.  (A)  EACH  DAY  ON  WHICH A VIOLATION OF THIS SECTION OCCURS SHALL
 CONSTITUTE A SEPARATE OFFENSE.
   (B) UNLAWFUL FUNERAL PROTEST IS A CLASS B MISDEMEANOR, UNLESS  COMMIT-
 TED  BY  A PERSON WHO HAS PREVIOUSLY PLED GUILTY TO OR BEEN FOUND GUILTY
 OF A VIOLATION OF THIS SECTION, IN WHICH CASE THE VIOLATION IS A CLASS A
 MISDEMEANOR.
   § 2. This act shall take effect on the first of November next succeed-
 ing the date upon which it shall have become a law.