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

                                 6617--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                             March 23, 2011
                               ___________

Introduced  by M. of A. ROBERTS, JEFFRIES, BENEDETTO, M. MILLER, MAISEL,
  SCHIMEL, STEVENSON, REILLY, WEISENBERG, SPANO, WEPRIN, COOK --  Multi-
  Sponsored  by  --  M.  of A. ABBATE, BOYLE, CALHOUN, CAMARA, CASTELLI,
  CERETTO,  CROUCH,  DUPREY,  GALEF,  GIBSON,  GUNTHER,  HIKIND,   KATZ,
  J. MILLER,  MONTESANO,  PALMESANO,  PHEFFER,  RAIA, REILICH, SALADINO,
  SAYWARD, THIELE, TOWNS -- read once and referred to the  Committee  on
  Codes  --  committee  discharged,  bill  amended, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the military law and the penal law, in relation to crim-
  inal interference with funeral services

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

  Section  1. The military law is amended by adding a new section 255 to
read as follows:
  S 255. PROTESTS AT MILITARY FUNERALS.  1.    LEGISLATIVE  INTENT.  THE
LEGISLATURE  FINDS  AND  DETERMINES  THAT CERTAIN INDIVIDUALS AND GROUPS
HAVE BEEN DISRUPTING THE FUNERALS OF MILITARY PERSONNEL WHO  DIED  WHILE
SERVING IN THE ACTIVE MILITARY SERVICE OF THE UNITED STATES OR THE FORCE
OF THE ORGANIZED MILITIA.
  THE  LEGISLATURE  FURTHER  FINDS  AND  DETERMINES  THAT ALTHOUGH IT IS
IMPORTANT FOR OUR STATE'S CITIZENS TO BE ABLE TO EXERCISE THEIR  CONSTI-
TUTIONALLY  PROTECTED  RIGHT  TO FREE SPEECH, THERE IS ALSO A COMPELLING
STATE INTEREST IN PRESERVING AND PROTECTING THE FAMILIES AND FRIENDS  OF
SUCH  DECEASED  MILITARY  PERSONNEL, ESPECIALLY AT SUCH A SOLEMN TIME AS
THE DECEASED MILITARY PERSONNEL'S FUNERAL, MEMORIAL SERVICE, WAKE, BURI-
AL OR PROCESSION TO OR FROM THE SAME.
  THE LEGISLATURE FURTHER FINDS AND DETERMINES THAT IN ORDER TO  BALANCE
THE  CONSTITUTIONALLY PROTECTED RIGHT TO FREE SPEECH, AND THE COMPELLING
STATE INTEREST IN PRESERVING AND PROTECTING THE  MOURNING  FAMILIES  AND
FRIENDS  OF  DECEASED  MILITARY  PERSONNEL, THE STATE POLICE POWERS, AND
THOSE  OF  ITS  LOCALITIES,  MAY  BE  EMPLOYED  TO  PROVIDE   SUFFICIENT

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05144-06-1
              

A. 6617--A                          2

PROTECTION OF THE FAMILIES AND FRIENDS OF SUCH DECEASED MILITARY PERSON-
NEL, AT SUCH A SOLEMN TIME AS THE DECEASED MILITARY PERSONNEL'S FUNERAL,
MEMORIAL SERVICE, WAKE, BURIAL OR PROCESSION TO OR FROM THE SAME.
  2.  THE  DIVISION OF MILITARY AND NAVAL AFFAIRS SHALL PROVIDE AND MAKE
AVAILABLE  AN  INFORMATIONAL  GUIDE  WHICH  SHALL  DETAIL   THE   PUBLIC
PROTECTIONS  AND  PROTEST  RESTRICTIONS CONCERNING THE FUNERAL, MEMORIAL
SERVICE, WAKE, BURIAL, OR PROCESSION TO OR FROM THE SAME OF  A  DECEASED
MILITARY PERSONNEL MEMBER.
  S  2.  The section heading, subdivision 1 and the closing paragraph of
section 240.70 of the penal law, as added by chapter 635 of the laws  of
1999, are amended to read as follows:
  Criminal  interference with health care services, FUNERAL SERVICES, or
religious worship in the second degree.
  1. A person is guilty of criminal interference with  health  services,
FUNERAL SERVICES, or religious worship in the second degree when:
  (a)  by force or threat of force or by physical obstruction, he or she
intentionally injures, intimidates or interferes with,  or  attempts  to
injure,  intimidate or interfere with, another person because such other
person was or is obtaining or providing reproductive health services; or
  (b) by force or threat of force or by physical obstruction, he or  she
intentionally  injures,  intimidates  or interferes with, or attempts to
injure, intimidate  or  interfere  with,  another  person  in  order  to
discourage such other person or any other person or persons from obtain-
ing or providing reproductive health services; or
  (c)  by force or threat of force or by physical obstruction, he or she
intentionally injures, intimidates or interferes with,  or  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; or
  (d) he or she intentionally damages the  property  of  a  health  care
facility, or attempts to do so, because such facility provides reproduc-
tive  health  services, or intentionally damages the property of a place
of religious worship; OR
  (E) WITH INTENT TO PREVENT OR DISRUPT A  FUNERAL  OR  BURIAL,  FUNERAL
HOME  VIEWING  OF  A  DECEASED PERSON, FUNERAL PROCESSION, OR FUNERAL OR
MEMORIAL SERVICE FOR A DECEASED PERSON, WHEN HE OR SHE:
  (I) BLOCKS, IMPEDES, INHIBITS, OR IN ANY  OTHER  MANNER  OBSTRUCTS  OR
INTERFERES  WITH  ACCESS  INTO  OR FROM ANY BUILDING OR PARKING LOT OF A
BUILDING IN WHICH A FUNERAL, WAKE, MEMORIAL SERVICE, OR BURIAL IS  BEING
CONDUCTED,  OR  ANY  BURIAL  PLOT  OR THE PARKING LOT OF THE CEMETERY IN
WHICH A FUNERAL, WAKE, MEMORIAL SERVICE, OR BURIAL IS  BEING  CONDUCTED;
OR
  (II)  CONGREGATES, PICKETS OR DEMONSTRATES WITHIN FIVE HUNDRED FEET OF
AN EVENT SPECIFIED IN THIS SUBDIVISION; OR
  (III) WITHOUT AUTHORIZATION FROM THE FAMILY OF THE DECEASED OR  PERSON
CONDUCTING  THE  SERVICE,  DURING  A FUNERAL, WAKE, MEMORIAL SERVICE, OR
BURIAL:
  (1) SINGS, CHANTS, WHISTLES, SHOUTS, YELLS, OR USES A  BULLHORN,  AUTO
HORN,  SOUND AMPLIFICATION EQUIPMENT, OR OTHER SOUNDS OR IMAGES OBSERVA-
BLE TO OR WITHIN EARSHOT OF PARTICIPANTS IN THE FUNERAL, WAKE,  MEMORIAL
SERVICE, OR BURIAL; OR
  (2)  DOES  OR  MAKES  ANY  UTTERANCE,  GESTURE, OR DISPLAY DESIGNED TO
OUTRAGE THE SENSIBILITIES OF THE GROUP ATTENDING THE FUNERAL OR  BURIAL,
FUNERAL HOME VIEWING OF A DECEASED PERSON, FUNERAL PROCESSION, OR FUNER-
AL OR MEMORIAL SERVICE FOR A DECEASED PERSON; OR
  (3) DISTRIBUTES LITERATURE OR ANY OTHER ITEM.

A. 6617--A                          3

  Criminal  interference with health care services, FUNERAL SERVICES, or
religious worship in the second degree is a class A misdemeanor.
  S 3. Section 240.71 of the penal law, as amended by chapter 493 of the
laws of 2009, is amended to read as follows:
S  240.71  Criminal  interference  with  health  care  services, FUNERAL
             SERVICES or religious worship in the first degree.
  A person is guilty of criminal interference with health care services,
FUNERAL SERVICES or religious worship in the first degree when he or she
commits the crime of criminal interference with  health  care  services,
FUNERAL  SERVICES or religious worship in the second degree and has been
previously convicted of the crime of criminal interference  with  health
care  services,  FUNERAL  SERVICES  or religious worship in the first or
second degree or aggravated interference with health  care  services  in
the first or second degree.
  Criminal  interference  with health care services, FUNERAL SERVICES or
religious worship in the first degree is a class E felony.
  S 4. This act shall take effect immediately.