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S2489Senate2011-2012 SessionSame asA1134

Creates the crimes of criminal interference with a funeral service in the first and second degrees

Sponsor Joseph A. GriffoSD-47+10 co-sponsorsAffects Legal
Status
Stricken
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Codes

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History

  1. Recommit, enacting clause stricken
  2. Referred to codes
  3. Referred to codes

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A1134Assembly

Creates the crimes of criminal interference with a funeral service in the first and second degrees

In Assembly Committee · Codes · Sponsor Brian Kolb

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

BILL NUMBER:S2489

Title of bill

An act to amend the penal law, in relation to criminal interference with funeral services

Purpose

To afford the same legal protections from disruption and harassment to funeral services that are now offered under New York State Penal law to reproductive services clinics and religious assemblies.

Summary of provisions

Section 1 amends Section 240.70 of the Penal Law to afford the same protections to funerals as are now given to reproductive services clinics and religious assemblies. Funeral services for purposes of this section would include any funeral, funeral procession, wake, memorial service, burial or burial plot. Prohibits disruptive behavior within 300 feet of a funeral service and classifies a first conviction of such as a class A misdemeanor.

Section 2 establishes that a second or subsequent offense under this section shall be a class E felony.

Section 3 establishes an immediate effective date.

Justification

Section 240.70 of the Penal Law protects a religious assembly from attempts to injure, intimidate or interfere with another person because such person was or is seeking to exercise the right of religious freedom at a place of religious worship. There have been repeated instances within the past few years of extremist hate groups using the funerals of slain United States service members as an opportunity to harass the surviving family members and express their views that these fallen troops somehow "deserved" their fate because of the military policies of the United States.

As long as the First Amendment remains in force, the right of Americans to express even the most loathsome ideas is fully protected. In the case of these recent military funeral protests however, it is arguable that the primary goal of the "protesters" is to cause as much psychological damage as possible upon the grief stricken survivors - hence the choice of the funeral or burial as a venue for "protest." This bill does not argue that any point of view be proscribed in New York; rather the purpose is to provide a measure of protection and tranquility to the mourners.

In addition, religious traditions consider a funeral and/or burial to be one of its most spiritually important and somber events or sacraments. Given that this section already applies in general to religious assemblies, it is more than appropriate that what is for many faiths one of the most important forms of religious assembly be specifically protected from hate fueled disruption. Even for citizens of no religious belief at all, the funeral or burial

of a loved one will be an event of profound sadness and loss. All New Yorkers are due a measure of peace at such a time.

Legislative history

New bill in Senate. A.2772 (2009-10), Held in Codes A.2779 (2007-08), Held in Codes A.10840 (2005-06), Held in Codes

Fiscal implications

None.

Effective date

Immediately upon enactment.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.