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STATE OF NEW YORK
________________________________________________________________________

1134

2011-2012 Regular Sessions

IN ASSEMBLY

(PREFILED)

January 5, 2011
___________

Introduced by M. of A. KOLB, FINCH, CASTELLI -- Multi-Sponsored by -- M.
  of  A.  AMEDORE,  BARCLAY,  BURLING,  BUTLER,  CALHOUN, CONTE, CORWIN,
  CROUCH, DUPREY, FITZPATRICK, GIGLIO, HAWLEY, HAYES, JORDAN, McDONOUGH,
  McKEVITT, MOLINARO, OAKS, RABBITT, RAIA,  REILICH,  SALADINO,  THIELE,
  TOBACCO,  WEISENBERG  --  read  once  and referred 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:

  Section  1.  The  section heading, subdivision 1 and the closing para-
graph of section 240.70 of the penal law, as added by chapter 635 of the
laws of 1999, are amended to read as follows:
  Criminal interference with health care services, FUNERAL SERVICES,  or
religious worship in the second degree.
  1.  A  person is guilty of criminal interference with health services,
FUNERAL SERVICES, or religious worship in the second degree when:
  (a) by force or threat of force or by physical obstruction, he or  she
intentionally  injures,  intimidates  or interferes with, or attempts to
injure, intimidate or interfere with, another person because such  other
person was or is obtaining or providing reproductive health services; or
  (b)  by force or threat of force or by physical obstruction, he or she
intentionally injures, intimidates or interferes with,  or  attempts  to
injure,  intimidate  or  interfere  with,  another  person  in  order to
discourage such other person or any other person or persons from obtain-
ing or providing reproductive health services; or
  (c) by force or threat of force or by physical obstruction, he or  she
intentionally  injures,  intimidates  or interferes with, or attempts to
injure, intimidate or interfere with, another person because such person

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05144-01-1
A. 1134                             2

was or is seeking to exercise the right of religious freedom at a  place
of religious worship; or
  (d)  he  or  she  intentionally  damages the property of a health care
facility, or attempts to do so, because such facility provides reproduc-
tive health services, or intentionally damages the property of  a  place
of religious worship; OR
  (E)  WITH  INTENT  TO  PREVENT OR DISRUPT A FUNERAL OR BURIAL, FUNERAL
HOME VIEWING OF A DECEASED PERSON, FUNERAL  PROCESSION,  OR  FUNERAL  OR
MEMORIAL SERVICE FOR A DECEASED PERSON, WHEN HE OR SHE:
  (I)  BLOCKS,  IMPEDES,  INHIBITS,  OR IN ANY OTHER MANNER OBSTRUCTS OR
INTERFERES WITH ACCESS INTO OR FROM ANY BUILDING OR  PARKING  LOT  OF  A
BUILDING  IN WHICH A FUNERAL, WAKE, MEMORIAL SERVICE, OR BURIAL IS BEING
CONDUCTED, OR ANY BURIAL PLOT OR THE PARKING  LOT  OF  THE  CEMETERY  IN
WHICH  A  FUNERAL, WAKE, MEMORIAL SERVICE, OR BURIAL IS BEING CONDUCTED;
OR
  (II) CONGREGATES, PICKETS OR DEMONSTRATES WITHIN THREE HUNDRED FEET OF
AN EVENT SPECIFIED IN THIS SUBDIVISION; OR
  (III) WITHOUT AUTHORIZATION FROM THE FAMILY OF THE DECEASED OR  PERSON
CONDUCTING  THE  SERVICE,  DURING  A FUNERAL, WAKE, MEMORIAL SERVICE, OR
BURIAL:
  (1) SINGS, CHANTS, WHISTLES, SHOUTS, YELLS, OR USES A  BULLHORN,  AUTO
HORN,  SOUND AMPLIFICATION EQUIPMENT, OR OTHER SOUNDS OR IMAGES OBSERVA-
BLE TO OR WITHIN EARSHOT OF PARTICIPANTS IN THE FUNERAL, WAKE,  MEMORIAL
SERVICE, OR BURIAL; OR
  (2)  DOES  OR  MAKES  ANY  UTTERANCE,  GESTURE, OR DISPLAY DESIGNED TO
OUTRAGE THE SENSIBILITIES OF THE GROUP ATTENDING THE FUNERAL OR  BURIAL,
FUNERAL HOME VIEWING OF A DECEASED PERSON, FUNERAL PROCESSION, OR FUNER-
AL OR MEMORIAL SERVICE FOR A DECEASED PERSON; OR
  (3) DISTRIBUTES LITERATURE OR ANY OTHER ITEM.
  Criminal  interference with health care services, FUNERAL SERVICES, or
religious worship in the second degree is a class A misdemeanor.
  S 2. Section 240.71 of the penal law, as amended by chapter 493 of the
laws of 2009, is amended to read as follows:
S 240.71  Criminal  interference  with  health  care  services,  FUNERAL
             SERVICES or religious worship in the first degree.
  A person is guilty of criminal interference with health care services,
FUNERAL SERVICES or religious worship in the first degree when he or she
commits  the crime of criminal interference with health care services or
religious worship in the second degree and has been previously convicted
of the crime of criminal interference with health care services, FUNERAL
SERVICES or religious worship in the first or second  degree  or  aggra-
vated  interference  with  health  care  services in the first or second
degree.
  Criminal interference with health care services, FUNERAL  SERVICES  or
religious worship in the first degree is a class E felony.
  S 3. This act shall take effect immediately.