Sen. Arthur J. Wilhelmi
Filed: 3/28/2006
 
 

 




 

 		












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AMENDMENT TO SENATE BILL 1144




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    AMENDMENT NO. ______. Amend Senate Bill 1144 by replacing 
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everything after the enacting clause with the following:

 
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    "Section 5. The Criminal Code of 1961 is amended  by adding 
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Section 26-6 as follows:
 
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    (720 ILCS 5/26-6  new)
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    Sec. 26-6. Disorderly conduct at a funeral or memorial 
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service.
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    (a) The General Assembly finds and declares that due to the 
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unique nature of funeral and memorial services and the 
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heightened opportunity for extreme emotional distress on such 
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occasions, the purpose of this Section is to protect the 
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privacy and ability to mourn of grieving families directly 
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before, during, and after a funeral or memorial service.
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    (b) For purposes of this Section, "funeral site" means a 
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church, synagogue, mosque, funeral home, gravesite, or other 
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place at which a funeral or memorial service is being conducted 
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or is scheduled to be conducted within the next 30 minutes or 
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has been conducted within the last 30 minutes.
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    (c) A person commits the offense of disorderly conduct at a 
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funeral or memorial service when he or she:
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        (1)  engages, with knowledge of the existence of a 
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    funeral site, in any loud singing, playing of music, 
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    chanting, whistling, yelling, or noisemaking with, or 
 


 






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    without, noise amplification including, but not limited 
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    to, bullhorns, auto horns, and microphones within 200 feet 
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    of any ingress or egress of that funeral site, where the 
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    volume of such singing, music, chanting, whistling, 
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    yelling, or noisemaking is likely to be audible at and 
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    disturbing to the funeral site;
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        (2)  displays, with knowledge of the existence of a 
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    funeral site and within 200 feet of any ingress or egress 
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    of that funeral site, any visual images that convey 
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    fighting words or actual or veiled threats against any 
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    other person;
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        (3)  with knowledge of the existence of a funeral site, 
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    knowingly obstructs, hinders, impedes, or blocks another 
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    person's entry to or exit from that funeral site or a 
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    facility containing that funeral site, except that the 
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    owner or occupant of property may take lawful actions to 
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    exclude others from that property; or
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        (4)  with knowledge of the existence of a funeral site, 
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    knowingly engages in a march or picket at the funeral site 
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    at any public location located within 200 feet of any 
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    ingress or egress of that funeral site.
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    (d) Disorderly conduct at a funeral or memorial service is 
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a Class C misdemeanor.  A second or subsequent violation of 
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disorderly conduct at a funeral or memorial service is a Class 
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4 felony.
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    (e) This Section does not apply to peaceful activity 
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regulated by the National Labor Relations Act or the Illinois 
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Public Labor Relations Act.

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    (f) If any clause, sentence, section, provision, or part of 
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this Section or the application thereof to any person or 
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circumstance is adjudged to be unconstitutional, the remainder 
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of this Section or its application to persons or circumstances 
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other than those to which it is held invalid, is not affected 
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thereby.

 

 


 






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