97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB3802
 
Introduced 10/5/2011, by Rep. Jerry F. Costello, II
 
SYNOPSIS AS INTRODUCED:
 

 
720 ILCS 5/26-6

     Amends the Criminal Code of 1961 relating to the offense of disorderly conduct at a funeral or memorial service. Increases the time that a specified place can be considered a "funeral site" from 30 minutes before and after a funeral to one hour before and after. Increases the distance from which the conduct at the funeral or memorial service is prohibited from 200 feet to 1,000 feet of any ingress or egress of the funeral site. Effective immediately.


  


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
 
 
A BILL FOR
 

  
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1    AN ACT concerning criminal law.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Criminal Code of 1961 is amended  by changing 
5Section 26-6 as follows:
 
6    (720 ILCS 5/26-6)
7    Sec. 26-6. Disorderly conduct at a funeral or memorial 
8service.
9    (a) The General Assembly finds and declares that due to the 
10unique nature of funeral and memorial services and the 
11heightened opportunity for extreme emotional distress on such 
12occasions, the purpose of this Section is to protect the 
13privacy and ability to mourn of grieving families directly 
14before, 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 hour 30 minutes or has been 
 
 
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1    conducted within the last hour 30 minutes.
2    (c) A person commits the offense of disorderly conduct at a 
3funeral or memorial service when he or she:
4        (1)  engages, with knowledge of the existence of a 
5    funeral site, in any loud singing, playing of music, 
6    chanting, whistling, yelling, or noisemaking with, or 
7    without, noise amplification including, but not limited 
8    to, bullhorns, auto horns, and microphones within 1,000 200 
9    feet of any ingress or egress of that funeral site, where 
10    the volume of such singing, music, chanting, whistling, 
11    yelling, or noisemaking is likely to be audible at and 
12    disturbing to the funeral site;
13        (2)  displays, with knowledge of the existence of a 
14    funeral site and within 1,000 200 feet of any ingress or 
15    egress of that funeral site, any visual images that convey 
16    fighting words or actual or veiled threats against any 
17    other person; or
18        (3)  with knowledge of the existence of a funeral site, 
19    knowingly obstructs, hinders, impedes, or blocks another 
20    person's entry to or exit from that funeral site or a 
21    facility containing that funeral site, except that the 
22    owner or occupant of property may take lawful actions to 
23    exclude others from that property.
24    (d) Disorderly conduct at a funeral or memorial service is 
25a Class C misdemeanor.  A second or subsequent violation is a 
26Class 4 felony.
 
 
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1    (e) If any clause, sentence, section, provision, or part of 
2this Section or the application thereof to any person or 
3circumstance is adjudged to be unconstitutional, the remainder 
4of this Section or its application to persons or circumstances 
5other than those to which it is held invalid, is not affected 
6thereby.


7(Source: P.A. 94-772, eff. 5-17-06.)
 
 
8    Section 99. Effective date. This Act takes effect upon 
9becoming law.