S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   491

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  Sen.  LANZA  -- 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  offenses  against  public
  order

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative intent. The  legislature  has  determined  that
certain  despicable  individuals  have  been  disrupting the funerals of
soldiers who died while serving in the United States  Armed  Forces  and
that  these disruptions have taken such forms as shouting insults at the
parents of the fallen. The legislature has further determined  that  the
deceased  members of the military and their families deserve respect and
compassion and that all mourners should be left in peace.
  S 2. The penal law is amended by  adding  four  new  sections  240.22,
240.23, 240.24 and 240.24-a to read as follows:
S 240.22 DISORDERLY CONDUCT IN THE FIRST DEGREE.
  A  PERSON  IS GUILTY OF DISORDERLY CONDUCT IN THE FIRST DEGREE WHEN HE
OR SHE:
  1. IN A PUBLIC PLACE AND WITH INTENT TO  CAUSE  PUBLIC  INCONVENIENCE,
ANNOYANCE, OR ALARM, OR WANTONLY CREATING A RISK THEREOF:
  (A)  ENGAGES  IN  FIGHTING  OR  IN VIOLENT, TUMULTUOUS, OR THREATENING
BEHAVIOR;
  (B) MAKES UNREASONABLE NOISE; OR
  (C) CREATES A HAZARDOUS OR PHYSICALLY OFFENSIVE CONDITION BY  ANY  ACT
THAT SERVES NO LEGITIMATE PURPOSE; AND
  2.  ACTS  IN A WAY DESCRIBED IN SUBDIVISION ONE OF THIS SECTION WITHIN
THREE HUNDRED FEET OF A:
  (A) CEMETERY DURING A FUNERAL OR BURIAL;
  (B) FUNERAL HOME DURING THE VIEWING OF A DECEASED PERSON;
  (C) FUNERAL PROCESSION; OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD03321-01-9

S. 491                              2

  (D)  BUILDING  IN  WHICH  A  FUNERAL  OR  MEMORIAL  SERVICE  IS  BEING
CONDUCTED; AND
  3.  KNOWS  THAT  HE  OR  SHE  IS WITHIN THREE HUNDRED FEET OF ANY AREA
DESCRIBED IN SUBDIVISION TWO OF THIS SECTION.
  DISORDERLY CONDUCT IN THE FIRST DEGREE IS A CLASS A MISDEMEANOR.
S 240.23 DISORDERLY CONDUCT IN THE SECOND DEGREE.
  A PERSON IS GUILTY OF DISORDERLY CONDUCT IN THE SECOND DEGREE WHEN  IN
A PUBLIC PLACE AND WITH INTENT TO CAUSE PUBLIC INCONVENIENCE, ANNOYANCE,
OR ALARM, OR WANTONLY CREATING A RISK THEREOF, HE OR SHE:
  1.  ENGAGES  IN  FIGHTING  OR  IN  VIOLENT, TUMULTUOUS, OR THREATENING
BEHAVIOR;
  2. MAKES UNREASONABLE NOISE;
  3. REFUSES TO OBEY AN OFFICIAL ORDER TO DISPERSE  ISSUED  TO  MAINTAIN
PUBLIC  SAFETY  IN DANGEROUS PROXIMITY TO A FIRE, HAZARD, OR OTHER EMER-
GENCY; OR
  4. CREATES A HAZARDOUS OR PHYSICALLY OFFENSIVE CONDITION  BY  ANY  ACT
THAT SERVES NO LEGITIMATE PURPOSE.
  DISORDERLY CONDUCT IN THE SECOND DEGREE IS A CLASS B MISDEMEANOR.
S 240.24 DISRUPTION OF MEETINGS AND PROCESSIONS IN THE FIRST DEGREE.
  A  PERSON  IS  GUILTY OF DISRUPTION OF MEETINGS AND PROCESSIONS IN THE
FIRST DEGREE WHEN, WITH INTENT TO PREVENT OR DISRUPT A FUNERAL OR  BURI-
AL,  FUNERAL  HOME  VIEWING OF A DECEASED PERSON, FUNERAL PROCESSION, OR
FUNERAL OR MEMORIAL SERVICE FOR A DECEASED PERSON, HE OR  SHE  DOES  ANY
ACT  TENDING  TO  OBSTRUCT  OR INTERFERE WITH IT PHYSICALLY OR MAKES ANY
UTTERANCE, GESTURE, OR DISPLAY DESIGNED TO OUTRAGE THE SENSIBILITIES  OF
THE GROUP ATTENDING THE OCCASION.
  DISRUPTION  OF MEETINGS AND PROCESSIONS IN THE FIRST DEGREE IS A CLASS
A MISDEMEANOR.
S 240.24-A DISRUPTION OF MEETINGS AND PROCESSIONS IN THE SECOND DEGREE.
  A PERSON IS GUILTY OF DISRUPTION OF MEETINGS AND  PROCESSIONS  IN  THE
SECOND  DEGREE WHEN, WITH INTENT TO PREVENT OR DISRUPT A LAWFUL MEETING,
PROCESSION, OR GATHERING, HE OR SHE DOES ANY ACT TENDING TO OBSTRUCT  OR
INTERFERE WITH IT PHYSICALLY OR MAKES ANY UTTERANCE, GESTURE, OR DISPLAY
DESIGNED TO OUTRAGE THE SENSIBILITIES OF THE GROUP.
  DISRUPTION OF MEETINGS AND PROCESSIONS IN THE SECOND DEGREE IS A CLASS
B MISDEMEANOR.
  S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.