What's happening
This bill creates the offense of unlawful funeral protest, making it a misdemeanor to protest near funerals within certain times and distances.
Why it matters
Seeks to protect the dignity and privacy of mourners. by restricting protest activities near funerals, recognizing the emotional sensitivity of these events and aiming to shield grieving families from disruption.
Defines a broad range of activities as “protest,”. including picketing, speeches, signs, and distributing materials, meaning even nonviolent or silent demonstrations could be prohibited if they are not part of the memorial service.
Establishes clear time and distance boundaries. (within 1,000 feet and from one hour before until one hour after the funeral), providing law enforcement with specific criteria for enforcement but potentially raising questions about balancing First Amendment rights with the interests of mourners.
Introduces escalating penalties for repeat offenders,. signaling the state’s intent to deter serial protesters and reinforcing the seriousness with which it treats disruptions at funerals.
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Who cares
Headline styles
Ban Protests at Funerals
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 59
No co-sponsors yet.
History
- 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.
Ban Protests at Funerals
In Assembly Committee · Codes · Sponsor David DiPietro
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
7578
IN SENATE
January 26, 2018
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 Assembly, 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
(4) the distribution of any handbill, pamphlet, leaflet or other written or printed matter, other than a program distributed as part of a commemorative service.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05880-01-7
S. 7578 2
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 committed 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 succeeding the date upon which it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the penal law, in relation to creating the offense of unlawful funeral protest
Purpose or general idea of bill
This bill aims to preclude the protesting of funerals throughout New York State, within one hour of the funeral's commencement and culmi- nation, allowing mourners to grieve without the distraction that comes from such protesting.
Summary of specific provisions
Section one of the bill establishes a new section 240.12 of the penal law regarding the unlawful protest of a funeral.
Section two establishes the effective date.
Justification
This bill would prevent the distraction and disrespect that comes from protest activities at funerals. Families should be allowed the opportu- nity to mourn uninterrupted, peacefully and privately.
Legislative history
A3722 of 2015-16 A6494 of 2013-14 A6338 of 2011-12
Fiscal implications
None to state.
Effective date
This act shall take effect on the first of November next succeeding date upon which it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.