Rep. Jerry F. Costello, II
Adopted in House Comm. on Feb 07, 2012
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1 | AMENDMENT TO HOUSE BILL 3802
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2 | AMENDMENT NO. ______. Amend House Bill 3802 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Criminal Code of 1961 is amended by | ||||||
5 | changing Section 26-6 as follows: | ||||||
6 | (720 ILCS 5/26-6) | ||||||
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: | ||||||
16 | (1) "Funeral" means the ceremonies, rituals, |
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1 | processions, and memorial services held at a funeral site | ||||||
2 | in connection with the burial, cremation, or memorial of a | ||||||
3 | deceased person. | ||||||
4 | (2) "Funeral site" means a church, synagogue, mosque, | ||||||
5 | funeral home, mortuary, cemetery, gravesite, mausoleum, or | ||||||
6 | other place at which a funeral is conducted or is scheduled | ||||||
7 | to be conducted within the next hour 30 minutes or has been | ||||||
8 | conducted within the last hour 30 minutes . | ||||||
9 | (c) A person commits the offense of disorderly conduct at a | ||||||
10 | funeral or memorial service when he or she: | ||||||
11 | (1) engages, with knowledge of the existence of a | ||||||
12 | funeral site, in any loud singing, playing of music, | ||||||
13 | chanting, whistling, yelling, or noisemaking with, or | ||||||
14 | without, noise amplification including, but not limited | ||||||
15 | to, bullhorns, auto horns, and microphones within 1,000 300 | ||||||
16 | feet of any ingress or egress of that funeral site, where | ||||||
17 | the volume of such singing, music, chanting, whistling, | ||||||
18 | yelling, or noisemaking is likely to be audible at and | ||||||
19 | disturbing to the funeral site; | ||||||
20 | (2) displays, with knowledge of the existence of a | ||||||
21 | funeral site and within 1,000 300 feet of any ingress or | ||||||
22 | egress of that funeral site, any visual images that convey | ||||||
23 | fighting words or actual or veiled threats against any | ||||||
24 | other person; or | ||||||
25 | (3) with knowledge of the existence of a funeral site, | ||||||
26 | knowingly obstructs, hinders, impedes, or blocks another |
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1 | person's entry to or exit from that funeral site or a | ||||||
2 | facility containing that funeral site, except that the | ||||||
3 | owner or occupant of property may take lawful actions to | ||||||
4 | exclude others from that property. | ||||||
5 | (d) Disorderly conduct at a funeral or memorial service is | ||||||
6 | a Class C misdemeanor. A second or subsequent violation is a | ||||||
7 | Class 4 felony. | ||||||
8 | (e) If any clause, sentence, section, provision, or part of | ||||||
9 | this Section or the application thereof to any person or | ||||||
10 | circumstance is adjudged to be unconstitutional, the remainder | ||||||
11 | of this Section or its application to persons or circumstances | ||||||
12 | other than those to which it is held invalid, is not affected | ||||||
13 | thereby.
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14 | (Source: P.A. 97-359, eff. 8-15-11.)
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15 | Section 99. Effective date. This Act takes effect upon | ||||||
16 | becoming law.".
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