Bill Text: NY A03722 | 2015-2016 | General Assembly | Introduced

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Bill Title: Creates the offense of unlawful funeral protest.

Spectrum: Strong Partisan Bill (Republican 14-1)

Status: (Introduced - Dead) 2016-06-06 - held for consideration in codes [A03722 Detail]

Download: New_York-2015-A03722-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3722
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 27, 2015
                                      ___________
       Introduced  by  M.  of  A. DiPIETRO, RAIA, STEC, WALTER, CROUCH, DUPREY,
         LALOR, LUPINACCI, TENNEY, MONTESANO -- Multi-Sponsored by -- M. of  A.
         HAWLEY, OAKS -- read once and referred 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:
    1    Section  1. The penal law is amended by adding a new section 240.12 to
    2  read as follows:
    3  S 240.12 UNLAWFUL FUNERAL PROTEST.
    4    1. A PERSON IS GUILTY OF UNLAWFUL FUNERAL PROTEST IF HE OR SHE ENGAGES
    5  IN PROTEST ACTIVITIES AT ANY LOCATION AT WHICH A FUNERAL IS HELD, WITHIN
    6  ONE HOUR PRIOR TO THE COMMENCEMENT OF ANY FUNERAL, AND  UNTIL  ONE  HOUR
    7  FOLLOWING THE CESSATION OF ANY FUNERAL, IF SUCH PROTEST ACTIVITIES:
    8    (A)  TAKE  PLACE WITHIN ONE THOUSAND FEET OF A ROAD, PATHWAY, OR OTHER
    9  ROUTE OF INGRESS TO OR EGRESS FROM CEMETERY  PROPERTY  AND  INCLUDE,  AS
   10  PART OF SUCH ACTIVITIES, ANY INDIVIDUAL WILLFULLY MAKING OR ASSISTING IN
   11  THE  MAKING  OF ANY NOISE OR DIVERSION THAT DISTURBS OR TENDS TO DISTURB
   12  THE PEACE OR GOOD ORDER OF THE FUNERAL, MEMORIAL SERVICE,  OR  CEREMONY;
   13  OR
   14    (B)  ARE  WITHIN  ONE  THOUSAND  FEET  OF SUCH CEMETERY AND IMPEDE THE
   15  ACCESS TO OR EGRESS FROM SUCH CEMETERY.
   16    2. AS USED IN THIS SECTION:
   17    (A) "FUNERAL" MEANS THE CEREMONIES, PROCESSIONS, AND MEMORIAL SERVICES
   18  HELD IN CONNECTION WITH THE BURIAL OR CREMATION OF THE DEAD; AND
   19    (B) "PROTEST ACTIVITIES" MEANS:
   20    (1) ANY PICKETING OR SIMILAR CONDUCT;
   21    (2) ANY ORATION, SPEECH OR USE OF  SOUND  AMPLIFICATION  EQUIPMENT  OR
   22  DEVICE OR SIMILAR CONDUCT THAT IS NOT PART OF A COMMEMORATIVE SERVICE;
   23    (3)  THE DISPLAY OF ANY PLACARD, SIGN, BANNER, FLAG OR SIMILAR DEVICE,
   24  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.
                                                                  LBD07926-01-5
       A. 3722                             2
    1    (4) THE DISTRIBUTION OF ANY HANDBILL, PAMPHLET, LEAFLET OR OTHER WRIT-
    2  TEN OR PRINTED MATTER, OTHER THAN A PROGRAM DISTRIBUTED  AS  PART  OF  A
    3  COMMEMORATIVE SERVICE.
    4    3.  (A)  EACH  DAY  ON  WHICH A VIOLATION OF THIS SECTION OCCURS SHALL
    5  CONSTITUTE A SEPARATE OFFENSE.
    6    (B) UNLAWFUL FUNERAL PROTEST IS A CLASS B MISDEMEANOR, UNLESS  COMMIT-
    7  TED  BY  A PERSON WHO HAS PREVIOUSLY PLED GUILTY TO OR BEEN FOUND GUILTY
    8  OF A VIOLATION OF THIS SECTION, IN WHICH CASE THE VIOLATION IS A CLASS A
    9  MISDEMEANOR.
   10    S 2. This act shall take effect on the first of November next succeed-
   11  ing the date upon which it shall have become a law.