Sen. Arthur J. Wilhelmi

Filed: 3/28/2006

 

 


 

 


 
09400SB1144sam001 LRB094 04838 RLC 57748 a

1
AMENDMENT TO SENATE BILL 1144

2     AMENDMENT NO. ______. Amend Senate Bill 1144 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The Criminal Code of 1961 is amended by adding
5 Section 26-6 as follows:
 
6     (720 ILCS 5/26-6 new)
7     Sec. 26-6. Disorderly conduct at a funeral or memorial
8 service.
9     (a) The General Assembly finds and declares that due to the
10 unique nature of funeral and memorial services and the
11 heightened opportunity for extreme emotional distress on such
12 occasions, the purpose of this Section is to protect the
13 privacy and ability to mourn of grieving families directly
14 before, during, and after a funeral or memorial service.
15     (b) For purposes of this Section, "funeral site" means a
16 church, synagogue, mosque, funeral home, gravesite, or other
17 place at which a funeral or memorial service is being conducted
18 or is scheduled to be conducted within the next 30 minutes or
19 has been conducted within the last 30 minutes.
20     (c) A person commits the offense of disorderly conduct at a
21 funeral or memorial service when he or she:
22         (1) engages, with knowledge of the existence of a
23     funeral site, in any loud singing, playing of music,
24     chanting, whistling, yelling, or noisemaking with, or

 

 

09400SB1144sam001 - 2 - LRB094 04838 RLC 57748 a

1     without, noise amplification including, but not limited
2     to, bullhorns, auto horns, and microphones within 200 feet
3     of any ingress or egress of that funeral site, where the
4     volume of such singing, music, chanting, whistling,
5     yelling, or noisemaking is likely to be audible at and
6     disturbing to the funeral site;
7         (2) displays, with knowledge of the existence of a
8     funeral site and within 200 feet of any ingress or egress
9     of that funeral site, any visual images that convey
10     fighting words or actual or veiled threats against any
11     other person;
12         (3) with knowledge of the existence of a funeral site,
13     knowingly obstructs, hinders, impedes, or blocks another
14     person's entry to or exit from that funeral site or a
15     facility containing that funeral site, except that the
16     owner or occupant of property may take lawful actions to
17     exclude others from that property; or
18         (4) with knowledge of the existence of a funeral site,
19     knowingly engages in a march or picket at the funeral site
20     at any public location located within 200 feet of any
21     ingress or egress of that funeral site.
22     (d) Disorderly conduct at a funeral or memorial service is
23 a Class C misdemeanor. A second or subsequent violation of
24 disorderly conduct at a funeral or memorial service is a Class
25 4 felony.
26     (e) This Section does not apply to peaceful activity
27 regulated by the National Labor Relations Act or the Illinois
28 Public Labor Relations Act.
29     (f) If any clause, sentence, section, provision, or part of
30 this Section or the application thereof to any person or
31 circumstance is adjudged to be unconstitutional, the remainder
32 of this Section or its application to persons or circumstances
33 other than those to which it is held invalid, is not affected
34 thereby.
 

 

 

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1     Section 99. Effective date. This Act takes effect upon
2 becoming law.".