99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB1404

 

Introduced , by Rep. Jerry F. Costello, II

 

SYNOPSIS AS INTRODUCED:
 
720 ILCS 5/26-6

    Amends the Criminal Code of 2012 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 300 feet to 1,000 feet of any ingress or egress of the funeral site. Effective immediately.


LRB099 06452 RLC 26522 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB1404LRB099 06452 RLC 26522 b

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 2012 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 1,000 300
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 1,000 300 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. 97-359, eff. 8-15-11.)
 
8    Section 99. Effective date. This Act takes effect upon
9becoming law.