Sen. Arthur J. Wilhelmi
Filed: 4/5/2006
 
 

 




 

 		












09400SB1144sam002

LRB094 04838 RLC 58039 a






1

AMENDMENT TO SENATE BILL 1144




2
    AMENDMENT NO. ______. Amend Senate Bill 1144 by replacing 
3
everything after the enacting clause with the following:

 
4
    "Section 5. The Criminal Code of 1961 is amended  by adding 
5
Section 26-6 as follows:
 
6
    (720 ILCS 5/26-6  new)
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, 
17
    processions, and memorial services held at a funeral site 
18
    in connection with the burial, cremation, or memorial of a 
19
    deceased person.
20
        (2) "Funeral site" means a church, synagogue, mosque, 
21
    funeral home, mortuary, cemetery, gravesite, mausoleum, or 
22
    other place at which a funeral is conducted or is scheduled 
23
    to be conducted within the next 30 minutes or has been 
24
    conducted within the last 30 minutes.
 


 






09400SB1144sam002
- 2 -
LRB094 04838 RLC 58039 a




1
    (c) A person commits the offense of disorderly conduct at a 
2
funeral or memorial service when he or she:
3
        (1)  engages, with knowledge of the existence of a 
4
    funeral site, in any loud singing, playing of music, 
5
    chanting, whistling, yelling, or noisemaking with, or 
6
    without, noise amplification including, but not limited 
7
    to, bullhorns, auto horns, and microphones within 200 feet 
8
    of any ingress or egress of that funeral site, where the 
9
    volume of such singing, music, chanting, whistling, 
10
    yelling, or noisemaking is likely to be audible at and 
11
    disturbing to the funeral site;
12
        (2)  displays, with knowledge of the existence of a 
13
    funeral site and within 200 feet of any ingress or egress 
14
    of that funeral site, any visual images that convey 
15
    fighting words or actual or veiled threats against any 
16
    other person; or
17
        (3)  with knowledge of the existence of a funeral site, 
18
    knowingly obstructs, hinders, impedes, or blocks another 
19
    person's entry to or exit from that funeral site or a 
20
    facility containing that funeral site, except that the 
21
    owner or occupant of property may take lawful actions to 
22
    exclude others from that property.
23
    (d) Disorderly conduct at a funeral or memorial service is 
24
a Class C misdemeanor.  A second or subsequent violation is a 
25
Class 4 felony.
26
    (e) If any clause, sentence, section, provision, or part of 
27
this Section or the application thereof to any person or 
28
circumstance is adjudged to be unconstitutional, the remainder 
29
of this Section or its application to persons or circumstances 
30
other than those to which it is held invalid, is not affected 
31
thereby.

 

32
    Section 99. Effective date. This Act takes effect upon 
33
becoming law.".