Bill Text: CA SB888 | 2011-2012 | Regular Session | Enrolled

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Bill Title: Crime: picketing.

Spectrum: Bipartisan Bill

Status: (Vetoed) 2012-02-29 - Consideration of Governor's veto stricken from file. Veto sustained. [SB888 Detail]

Download: California-2011-SB888-Enrolled.html

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BILL NUMBER: SB 888	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 22, 2011
	PASSED THE ASSEMBLY  AUGUST 18, 2011
	AMENDED IN ASSEMBLY  JUNE 30, 2011
	AMENDED IN SENATE  MAY 26, 2011
	AMENDED IN SENATE  MAY 10, 2011
	AMENDED IN SENATE  APRIL 25, 2011
	AMENDED IN SENATE  MARCH 23, 2011

INTRODUCED BY   Senator Lieu
   (Coauthor: Senator Anderson)

                        FEBRUARY 18, 2011

   An act to add Section 594.37 to the Penal Code, relating to crime.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 888, Lieu. Crime: picketing.
   Existing law makes it a crime for a person to disturb, obstruct,
detain, or interfere with any person carrying or accompanying human
remains to a cemetery or funeral establishment, or engaged in a
funeral service or an interment.
   This bill would make it a crime, punishable by a fine not
exceeding $1,000, imprisonment in a county jail not exceeding 6
months, or by both, for a person to engage in picketing, as defined,
except upon private property, which is targeted at a funeral, as
defined, during the time period beginning one hour prior to the
funeral and ending one hour after the conclusion of the funeral. The
bill would set forth related findings and declarations.
   Because this bill would create a new crime, the bill would impose
a state-mandated local program.
    The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  (a) The Legislature hereby finds and declares the
following:
   (1) It is generally recognized that families have a compelling
interest in organizing and attending funerals for deceased relatives.

   (2) The interests of families in privately and peacefully mourning
the loss of deceased relatives are violated when funerals are
disrupted by picketing.
   (3) Picketing of funerals causes emotional disturbance and
distress to grieving families who participate in funerals.
   (4) Full opportunity exists for the exercise of freedom of speech
and other constitutional rights at times other than within one hour
prior to or during a funeral and one hour following the conclusion of
a funeral.
   (b) The purpose of this act is to protect the privacy of grieving
families and to preserve the peaceful character of cemeteries,
mortuaries, and places of worship during the time one hour before and
one hour after a funeral.
  SEC. 2.  Section 594.37 is added to the Penal Code, to read:
   594.37.  (a) It is unlawful, except upon private property, for a
person to engage in picketing targeted at a funeral during the time
period beginning one hour prior to the funeral and ending one hour
after the conclusion of the funeral.
   (b) Any violation of subdivision (a) is punishable by a fine not
exceeding one thousand dollars ($1,000), imprisonment in a county
jail not exceeding six months, or by both that fine and imprisonment.

   (c) For purposes of this section:
   (1) "Funeral" means the ceremony, or memorial service, held in
connection with the burial or cremation of a deceased person.
   (2) "Picketing," for purposes of this section only, means protest
activities engaged in by any person within 1,000 feet of a burial
site, mortuary, or place of worship.
   (3) "Protest activities" includes oration, speech, use of sound
amplification equipment in a manner that makes speech or oration
audible to participants in a funeral, or similar conduct that is not
part of the funeral, before an assembled group of people.
   (4) "Targeted at" means directed at or towards the deceased person
or the attendees of a funeral, as defined in paragraph (1), because
of his, her, or their marital status, race, natural origin, age, sex,
gender identity, sexual orientation, color, medical condition,
religious creed, ancestry, mental disability, physical disability,
profession, or activities participated in during his, her, or their
lives.
   (d)  The provisions of this section are severable. If any
provision of this section or its application is held invalid, that
invalidity shall not affect other provisions or applications that can
be given effect without the invalid provision or application.
  SEC. 3.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.