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
Aims to protect the dignity and solemnity of funerals. by restricting disruptive protests that could distress grieving families and attendees, recognizing the emotional vulnerability of those present.
Defines "protest activities" broadly. to include picketing, speeches, amplified sound, displaying signs, and distributing written materials, unless these are part of the service—potentially limiting expressive conduct near funerals.
Applies significant geographic and temporal restrictions. prohibiting protests within 1,000 feet of funeral venues from one hour before to one hour after services—thus creating a sizable buffer zone with legal consequences for violations.
Escalates penalties for repeat offenders. , classifying first offenses as a class B misdemeanor and subsequent offenses as a class A misdemeanor, aiming to deter persistent disruptive behavior at sensitive events.
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Who cares
Headline styles
Ban Protests at Funerals
Plain English, a few words. Used as the page title.
Sponsors
10 Co-sponsors
2 Multi-sponsors
History
- Referred to codes
- Held for consideration in codes
- 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 Funeral Protests
In Senate Committee · Codes · Sponsor Patrick M. Gallivan
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5134
2019-2020 Regular Sessions
IN ASSEMBLY
February 7, 2019
Introduced by M. of A. DiPIETRO, RAIA, STEC, CROUCH, LALOR, MONTESANO, FRIEND, HAWLEY -- Multi-Sponsored by -- M. of A. PICHARDO -- 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 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02962-01-9
A. 5134 2
(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.
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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.