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.
STATE OF NEW YORK
________________________________________________________________________
2489
2011-2012 Regular Sessions
IN SENATE
January 24, 2011
___________
Introduced by Sens. GRIFFO, BONACIC, DeFRANCISCO, GOLDEN, MAZIARZ,
O'MARA, RANZENHOFER, SEWARD, ZELDIN -- 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 criminal interference with
funeral services
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The section heading, subdivision 1 and the closing para-
2 graph of section 240.70 of the penal law, as added by chapter 635 of the
3 laws of 1999, are amended to read as follows:
4 Criminal interference with health care services, funeral services, or
5 religious worship in the second degree.
6 1. A person is guilty of criminal interference with health services,
7 funeral services, or religious worship in the second degree when:
8 (a) by force or threat of force or by physical obstruction, he or she
9 intentionally injures, intimidates or interferes with, or attempts to
10 injure, intimidate or interfere with, another person because such other
11 person was or is obtaining or providing reproductive health services; or
12 (b) by force or threat of force or by physical obstruction, he or she
13 intentionally injures, intimidates or interferes with, or attempts to
14 injure, intimidate or interfere with, another person in order to
15 discourage such other person or any other person or persons from obtain-
16 ing or providing reproductive health services; or
17 (c) by force or threat of force or by physical obstruction, he or she
18 intentionally injures, intimidates or interferes with, or attempts to
19 injure, intimidate or interfere with, another person because such person
20 was or is seeking to exercise the right of religious freedom at a place
21 of religious worship; or
22 (d) he or she intentionally damages the property of a health care
23 facility, or attempts to do so, because such facility provides reproduc-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05144-01-1
S. 2489 2
1 tive health services, or intentionally damages the property of a place
2 of religious worship; or
3 (e) with intent to prevent or disrupt a funeral or burial, funeral
4 home viewing of a deceased person, funeral procession, or funeral or
5 memorial service for a deceased person, when he or she:
6 (i) blocks, impedes, inhibits, or in any other manner obstructs or
7 interferes with access into or from any building or parking lot of a
8 building in which a funeral, wake, memorial service, or burial is being
9 conducted, or any burial plot or the parking lot of the cemetery in
10 which a funeral, wake, memorial service, or burial is being conducted;
11 or
12 (ii) congregates, pickets or demonstrates within three hundred feet of
13 an event specified in this subdivision; or
14 (iii) without authorization from the family of the deceased or person
15 conducting the service, during a funeral, wake, memorial service, or
16 burial:
17 (1) sings, chants, whistles, shouts, yells, or uses a bullhorn, auto
18 horn, sound amplification equipment, or other sounds or images observa-
19 ble to or within earshot of participants in the funeral, wake, memorial
20 service, or burial; or
21 (2) does or makes any utterance, gesture, or display designed to
22 outrage the sensibilities of the group attending the funeral or burial,
23 funeral home viewing of a deceased person, funeral procession, or funer-
24 al or memorial service for a deceased person; or
25 (3) distributes literature or any other item.
26 Criminal interference with health care services, funeral services, or
27 religious worship in the second degree is a class A misdemeanor.
28 § 2. Section 240.71 of the penal law, as amended by chapter 493 of the
29 laws of 2009, is amended to read as follows:
30 § 240.71 Criminal interference with health care services, funeral
31 services or religious worship in the first degree.
32 A person is guilty of criminal interference with health care services,
33 funeral services or religious worship in the first degree when he or she
34 commits the crime of criminal interference with health care services or
35 religious worship in the second degree and has been previously convicted
36 of the crime of criminal interference with health care services, funeral
37 services or religious worship in the first or second degree or aggra-
38 vated interference with health care services in the first or second
39 degree.
40 Criminal interference with health care services, funeral services or
41 religious worship in the first degree is a class E felony.
42 § 3. This act shall take effect immediately.
