A02772 Summary:

BILL NO    A02772 

SAME AS    No same as

SPONSOR    Kolb (MS)

COSPNSR    Townsend, Finch, Errigo

MLTSPNSR   Alfano, Amedore, Bacalles, Barclay, Burling, Butler, Calhoun, Conte,
           Corwin, Crouch, Duprey, Fitzpatrick, Giglio, Hawley, Hayes, Jordan,
           McDonough, McKevitt, Molinaro, O'Mara, Rabbitt, Raia, Reilich,
           Saladino, Thiele, Tobacco, Weisenberg

Amd SS240.70 & 240.71, Pen L

Creates the crimes of criminal interference with a funeral service in the first
and second degrees; provides that criminal interference in the first degree be
a class E felony and in the second degree to be a class A misdemeanor.

A02772 Actions:

BILL NO    A02772 

01/21/2009 referred to codes
01/06/2010 referred to codes

A02772 Votes:

A02772 Memo:

 BILL NUMBER:  A2772

 TITLE OF BILL :  An act to amend the penal law, in relation to
criminal interference with funeral services

 PURPOSE OR GENERAL IDEA OF BILL : To afford the same legal
protections from disruption and harassment to funeral services that
are now offered under New York State Penal law to reproductive
services clinics and religious assemblies.

 SUMMARY OF SPECIFIC PROVISIONS : Section 1 Amends Section 240.70 of
the Penal Law to afford the same protections to funerals as are now
given to reproductive services clinics and religious assemblies.
Defines a funeral for purposes of this section to include any funeral,
wake, memorial service, burial or burial plot. Prohibits disruptive
behavior within 300 feet of a funeral as being a class A misdemeanor,
and defines disruptive behavior for purposes of this section.

Section 2 Establishes that a second or subsequent offense under this
section shall be a class E felony.

Section 3 contains the effective date.

 JUSTIFICATION : Section 240.70 of the Penal Law protects a religious
assembly from 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.  There have been
repeated instances within the past few years of extremist hate groups
using the funerals of slain United States service members as an
opportunity to harass the surviving family members and express their
views that these fallen troops somehow "deserved" their fate because
of the United State's and its military's "pro-gay" policies.

As long as the First Amendment remains in force, the right of
Americans to express even the most loathsome ideas is fully protected.
In the case of these recent military funeral protests however, it is
arguable that the primary goal of the "protesters" is to cause as much
psychic damage as possible upon the grief stricken survivors - hence
the choice of the funeral or burial as a venue for "protest." This
bill does not argue that any point of view be proscribed in New York;
rather the purpose is to provide a measure of protection and
tranquility to the mourners.

In addition, all of the great religious traditions (and everyone of
them is practiced in this state) consider a funeral and/or burial to
be one of its most spiritually important and somber events or
sacraments. Given that this section already applies in general to
religious assemblies, it is more than appropriate that what is for
many faiths one of the most important forms of religious assembly be
specifically protected from bigotry. Even for citizens of no religious
belief at all, the funeral or burial of a loved one will be an event
of profound sadness and loss. All New Yorkers are due a measure of
peace at such a time. Another time and place will serve perfectly well
for protests of whatever sort.

 PRIOR LEGISLATIVE HISTORY :  A.2779 (2007-08) Held; A10840 -
2005-2006 Held

 FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :  None

 EFFECTIVE DATE : Immediately upon enactment.