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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Amended.html

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BILL NUMBER: SB 888	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 23, 2011

INTRODUCED BY   Senator Lieu

                        FEBRUARY 18, 2011

    An act to amend Section 3822 of the Labor Code, relating
to workers' compensation.   An act to add Section 594.37
to the Penal Code, relating to crime. 


	LEGISLATIVE COUNSEL'S DIGEST


   SB 888, as amended, Lieu.  Workers' compensation: fraud.
  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, except upon
private property, 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.  
   Existing law establishes a workers' compensation system,
administered by the Administrative Director of the Division of
Workers' Compensation, to compensate an employee for injuries
sustained in the course of his or her employment.  
   Existing law requires the administrative director, on an annual
basis, to provide to every employer, claims adjuster, 3rd-party
administrator, physician, and attorney who participates in the
workers' compensation system, a notice that warns the recipient
against committing workers' compensation fraud. Existing law requires
that the notice specify the penalties that are applied for
committing workers' compensation fraud.  
   This bill would make a technical, nonsubstantive change in those
provisions. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program:  no
  yes  .


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 substantial
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 the 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 churches 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" 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.
   (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.  
  SECTION 1.    Section 3822 of the Labor Code is
amended to read:
   3822.  The administrative director shall, on an annual basis,
provide to every employer, claims adjuster, third party
administrator, physician, and attorney who participates in the
workers' compensation system, a notice that warns the recipient
against committing workers' compensation fraud. The notice shall
specify all the penalties that are applied for committing workers'
compensation fraud. The Fraud Assessment Commission, established by
Section 1872.83 of the Insurance Code, shall provide the
administrative director with all funds necessary to carry out this
section.