S T A T E O F N E W Y O R K
________________________________________________________________________
1742
2011-2012 Regular Sessions
I N A S S E M B L Y
January 11, 2011
___________
Introduced by M. of A. GIGLIO -- read once and referred to the Committee
on Codes
AN ACT to amend the penal law, in relation to offenses against public
order
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Legislative intent. The legislature has determined that
2 certain despicable individuals have been disrupting the funerals of
3 soldiers who died while serving in the United States Armed Forces and
4 that these disruptions have taken such forms as shouting insults at the
5 parents of the fallen. The legislature has further determined that the
6 deceased members of the military and their families deserve respect and
7 compassion and that all mourners should be left in peace.
8 S 2. The penal law is amended by adding four new sections 240.22,
9 240.23, 240.24 and 240.24-a to read as follows:
10 S 240.22 DISORDERLY CONDUCT IN THE FIRST DEGREE.
11 A PERSON IS GUILTY OF DISORDERLY CONDUCT IN THE FIRST DEGREE WHEN HE
12 OR SHE:
13 1. IN A PUBLIC PLACE AND WITH INTENT TO CAUSE PUBLIC INCONVENIENCE,
14 ANNOYANCE OR ALARM, OR WANTONLY CREATING A RISK THEREOF:
15 (A) ENGAGES IN FIGHTING OR IN VIOLENT, TUMULTUOUS OR THREATENING
16 BEHAVIOR;
17 (B) MAKES UNREASONABLE NOISE; OR
18 (C) CREATES A HAZARDOUS OR PHYSICALLY OFFENSIVE CONDITION BY ANY ACT
19 THAT SERVES NO LEGITIMATE PURPOSE; AND
20 2. ACTS IN THE MANNER DESCRIBED IN SUBDIVISION ONE OF THIS SECTION
21 WITHIN THREE HUNDRED FEET OF A:
22 (A) CEMETERY DURING A FUNERAL OR BURIAL;
23 (B) FUNERAL HOME DURING THE VIEWING OF A DECEASED PERSON;
24 (C) FUNERAL PROCESSION; OR
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02100-01-1
A. 1742 2
1 (D) BUILDING IN WHICH A FUNERAL OR MEMORIAL SERVICE IS BEING
2 CONDUCTED; AND
3 3. KNOWS THAT HE OR SHE IS WITHIN THREE HUNDRED FEET OF ANY AREA
4 DESCRIBED IN SUBDIVISION TWO OF THIS SECTION.
5 DISORDERLY CONDUCT IN THE FIRST DEGREE IS A CLASS A MISDEMEANOR.
6 S 240.23 DISORDERLY CONDUCT IN THE SECOND DEGREE.
7 A PERSON IS GUILTY OF DISORDERLY CONDUCT IN THE SECOND DEGREE WHEN IN
8 A PUBLIC PLACE AND WITH INTENT TO CAUSE PUBLIC INCONVENIENCE, ANNOYANCE
9 OR ALARM, OR WANTONLY CREATING A RISK THEREOF, HE OR SHE:
10 1. ENGAGES IN FIGHTING OR IN VIOLENT, TUMULTUOUS OR THREATENING BEHAV-
11 IOR; OR
12 2. MAKES UNREASONABLE NOISE; OR
13 3. REFUSES TO OBEY AN OFFICIAL ORDER TO DISPERSE ISSUED TO MAINTAIN
14 PUBLIC SAFETY IN DANGEROUS PROXIMITY TO A FIRE, HAZARD, OR OTHER EMER-
15 GENCY; OR
16 4. CREATES A HAZARDOUS OR PHYSICALLY OFFENSIVE CONDITION BY ANY ACT
17 THAT SERVES NO LEGITIMATE PURPOSE.
18 DISORDERLY CONDUCT IN THE SECOND DEGREE IS A CLASS B MISDEMEANOR.
19 S 240.24 DISRUPTION OF MEETINGS AND PROCESSIONS IN THE FIRST DEGREE.
20 A PERSON IS GUILTY OF DISRUPTION OF MEETINGS AND PROCESSIONS IN THE
21 FIRST DEGREE WHEN, WITH INTENT TO PREVENT OR DISRUPT A FUNERAL OR BURI-
22 AL, FUNERAL HOME VIEWING OF A DECEASED PERSON, FUNERAL PROCESSION, OR
23 FUNERAL OR MEMORIAL SERVICE FOR A DECEASED PERSON, HE OR SHE DOES ANY
24 ACT TENDING TO OBSTRUCT OR INTERFERE WITH IT PHYSICALLY OR MAKES ANY
25 UTTERANCE, GESTURE OR DISPLAY DESIGNED TO OUTRAGE THE SENSIBILITIES OF
26 THE GROUP ATTENDING THE OCCASION.
27 DISRUPTION OF MEETINGS AND PROCESSIONS IN THE FIRST DEGREE IS A CLASS
28 A MISDEMEANOR.
29 S 240.24-A DISRUPTION OF MEETINGS AND PROCESSIONS IN THE SECOND DEGREE.
30 A PERSON IS GUILTY OF DISRUPTION OF MEETINGS AND PROCESSIONS IN THE
31 SECOND DEGREE WHEN, WITH INTENT TO PREVENT OR DISRUPT A LAWFUL MEETING,
32 PROCESSION OR GATHERING, HE OR SHE DOES ANY ACT TENDING TO OBSTRUCT OR
33 INTERFERE WITH IT PHYSICALLY OR MAKES ANY UTTERANCE, GESTURE OR DISPLAY
34 DESIGNED TO OUTRAGE THE SENSIBILITIES OF THE GROUP.
35 DISRUPTION OF MEETINGS AND PROCESSIONS IN THE SECOND DEGREE IS A CLASS
36 B MISDEMEANOR.
37 S 3. This act shall take effect on the first of November next succeed-
38 ing the date on which it shall have become a law.