STATE OF NEW YORK ________________________________________________________________________ 9256 2025-2026 Regular Sessions IN ASSEMBLY November 21, 2025 ___________ Introduced by M. of A. DiPIETRO -- read once and referred to the Commit- tee 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 § 240.12 Unlawful funeral protest. 4 1. A person is guilty of unlawful funeral protest when such person 5 engages in protest activities at any location at which a funeral is 6 held, within one hour prior to the commencement of any funeral, and 7 until one hour following the cessation of any funeral, if such protest 8 activities: 9 (a) take place within one thousand feet of a road, pathway, or other 10 route of ingress to or egress from cemetery property and include, as 11 part of such activities, any individual willfully making or assisting in 12 the making of any noise or diversion that disturbs or tends to disturb 13 the peace or good order of the funeral, memorial service, or ceremony; 14 or 15 (b) are within one thousand feet of such cemetery and impede the 16 access to or egress from such cemetery. 17 2. As used in this section: 18 (a) "funeral" means the ceremonies, processions, and memorial services 19 held in connection with the burial or cremation of the dead; and 20 (b) "protest activities" means: 21 (1) any picketing or similar conduct; 22 (2) any oration, speech or use of sound amplification equipment or 23 device or similar conduct that is not part of a commemorative service; 24 (3) the display of any placard, sign, banner, flag or similar device, 25 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. LBD13454-01-5

A. 9256 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. Each day on which a violation of this section occurs shall consti- 5 tute a separate offense. 6 Unlawful funeral protest is a class B misdemeanor, unless committed by 7 a person who has previously pled guilty to or been found guilty of a 8 violation of this section, in which case the violation is a class A 9 misdemeanor. 10 § 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.

Creates the offense of unlawful funeral protest

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