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Rep. Jerry F. Costello, II
Adopted in House Comm. on Feb 07, 2012
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| 1 | | AMENDMENT TO HOUSE BILL 3802
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| 2 | | AMENDMENT NO. ______. Amend House Bill 3802 by replacing |
| 3 | | everything after the enacting clause with the following:
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| 4 | | "Section 5. The Criminal Code of 1961 is amended by |
| 5 | | changing Section 26-6 as follows:
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| 6 | | (720 ILCS 5/26-6) |
| 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, |
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| 1 | | processions, and memorial services held at a funeral site |
| 2 | | in connection with the burial, cremation, or memorial of a |
| 3 | | deceased person. |
| 4 | | (2) "Funeral site" means a church, synagogue, mosque, |
| 5 | | funeral home, mortuary, cemetery, gravesite, mausoleum, or |
| 6 | | other place at which a funeral is conducted or is scheduled |
| 7 | | to be conducted within the next hour 30 minutes or has been |
| 8 | | conducted within the last hour 30 minutes. |
| 9 | | (c) A person commits the offense of disorderly conduct at a |
| 10 | | funeral or memorial service when he or she: |
| 11 | | (1) engages, with knowledge of the existence of a |
| 12 | | funeral site, in any loud singing, playing of music, |
| 13 | | chanting, whistling, yelling, or noisemaking with, or |
| 14 | | without, noise amplification including, but not limited |
| 15 | | to, bullhorns, auto horns, and microphones within 1,000 300 |
| 16 | | feet of any ingress or egress of that funeral site, where |
| 17 | | the volume of such singing, music, chanting, whistling, |
| 18 | | yelling, or noisemaking is likely to be audible at and |
| 19 | | disturbing to the funeral site; |
| 20 | | (2) displays, with knowledge of the existence of a |
| 21 | | funeral site and within 1,000 300 feet of any ingress or |
| 22 | | egress of that funeral site, any visual images that convey |
| 23 | | fighting words or actual or veiled threats against any |
| 24 | | other person; or |
| 25 | | (3) with knowledge of the existence of a funeral site, |
| 26 | | knowingly obstructs, hinders, impedes, or blocks another |
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| 1 | | person's entry to or exit from that funeral site or a |
| 2 | | facility containing that funeral site, except that the |
| 3 | | owner or occupant of property may take lawful actions to |
| 4 | | exclude others from that property. |
| 5 | | (d) Disorderly conduct at a funeral or memorial service is |
| 6 | | a Class C misdemeanor. A second or subsequent violation is a |
| 7 | | Class 4 felony. |
| 8 | | (e) If any clause, sentence, section, provision, or part of |
| 9 | | this Section or the application thereof to any person or |
| 10 | | circumstance is adjudged to be unconstitutional, the remainder |
| 11 | | of this Section or its application to persons or circumstances |
| 12 | | other than those to which it is held invalid, is not affected |
| 13 | | thereby.
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| 14 | | (Source: P.A. 97-359, eff. 8-15-11.)
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| 15 | | Section 99. Effective date. This Act takes effect upon |
| 16 | | becoming law.".
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