PRINTER'S NO. 1617
No. 1150 Session of 2006
INTRODUCED BY PIPPY, REGOLA, D. WHITE, ROBBINS, FONTANA,
ERICKSON, JUBELIRER, CORMAN, RHOADES, RAFFERTY, LOGAN,
PICCOLA, ARMSTRONG, PILEGGI, STOUT, BOSCOLA, BROWNE, STACK,
TOMLINSON AND GREENLEAF, MARCH 20, 2006
REFERRED TO JUDICIARY, MARCH 20, 2006
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, providing for offense of protesting at
3 a commemorative service.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Title 18 of the Pennsylvania Consolidated
7 Statutes is amended by adding a section to read:
8 § 7517. Commemorative service protest activities.
9 (a) Legislative intent.--The General Assembly finds and
10 declares that:
11 (1) Families have a substantial interest in organizing
12 and attending commemorative services for deceased relatives.
13 (2) The interests of families in privately and
14 peacefully mourning the loss of deceased relatives are
15 violated when commemorative services are targeted for
16 picketing and other public demonstrations.
17 (3) Picketing of commemorative services causes emotional
1 disturbance and distress to grieving families who participate
2 in commemorative services.
3 (4) Full opportunity exists under the terms and
4 provisions of this section for the exercise of freedom of
5 speech and other constitutional rights at times other than
6 within one hour prior to, during and one hour following the
7 commemorative services.
8 (b) Offense defined.--A person commits a misdemeanor of the
9 third degree if the person engages in protest activities within
10 500 feet of any cemetery, mortuary, church or other location
11 being utilized for the purposes of a commemorative service
12 within one hour prior to, during and one hour following the
13 commemorative service.
14 (c) Relief.--A court may enjoin conduct proscribed by this
15 section and may award damages, including punitive damages,
16 attorney fees or other appropriate relief against a person found
17 guilty of violating this section.
18 (d) Definitions.--As used in this section, the following
19 words and phrases shall have the meanings given to them in this
20 subsection:
21 "Commemorative service." An event involving the gathering of
22 individuals who assemble:
23 (1) At a cemetery or other location during a burial or
24 memorial service for a specific deceased person, to mourn or
25 honor the deceased person or to pay respect to the family of
26 the deceased person.
27 (2) In a building during the viewing or memorial service
28 of a specific deceased person, to mourn or honor the deceased
29 person or to pay respect to the family of the deceased
30 person.
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1 (3) To participate in a procession to a cemetery,
2 building or other location in which a viewing, burial or
3 memorial service of a specific deceased person is to be
4 conducted, to mourn or honor the deceased person or to pay
5 respect to the family of the deceased person.
6 "Protest activities." Any of the following:
7 (1) Loud and raucous noise which causes unreasonable
8 distress to the persons attending a commemorative service.
9 (2) Direct abusive epithets, display of visual images
10 that convey fighting words or any threatening gesture which
11 should be known or reasonably known to provoke a violent
12 reaction by another.
13 (3) Conduct intended to disturb or disrupt a
14 commemorative service.
15 Section 2. This act shall take effect in 60 days.
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