Bill Text: NY A04938 | 2009-2010 | General Assembly | Introduced

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Bill Title: An act to amend the penal law, in relation to offenses against public order

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-05-18 - held for consideration in codes [A04938 Detail]

Download: New_York-2009-A04938-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4938
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 10, 2009
                                      ___________
       Introduced by M. of A. GIGLIO -- read once and referred to the Committee
         on Codes
       AN  ACT  to  amend the penal law, in relation to offenses against public
         order
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Legislative  intent.  The legislature has determined that
    2  certain despicable individuals have  been  disrupting  the  funerals  of
    3  soldiers  who  died  while serving in the United States Armed Forces and
    4  that these disruptions have taken such forms as shouting insults at  the
    5  parents  of  the fallen. The legislature has further determined that the
    6  deceased members of the military and their families deserve respect  and
    7  compassion and that all mourners should be left in peace.
    8    S  2.  The  penal  law  is amended by adding four new sections 240.22,
    9  240.23, 240.24 and 240.24-a to read as follows:
   10  S 240.22 DISORDERLY CONDUCT IN THE FIRST DEGREE.
   11    A PERSON IS GUILTY OF DISORDERLY CONDUCT IN THE FIRST DEGREE  WHEN  HE
   12  OR SHE:
   13    1.  IN  A  PUBLIC PLACE AND WITH INTENT TO CAUSE PUBLIC INCONVENIENCE,
   14  ANNOYANCE, OR ALARM, OR WANTONLY CREATING A RISK THEREOF:
   15    (A) ENGAGES IN FIGHTING OR  IN  VIOLENT,  TUMULTUOUS,  OR  THREATENING
   16  BEHAVIOR;
   17    (B) MAKES UNREASONABLE NOISE; OR
   18    (C)  CREATES  A HAZARDOUS OR PHYSICALLY OFFENSIVE CONDITION BY ANY ACT
   19  THAT SERVES NO LEGITIMATE PURPOSE; AND
   20    2. ACTS IN A WAY DESCRIBED IN SUBDIVISION ONE OF THIS  SECTION  WITHIN
   21  THREE HUNDRED FEET OF A:
   22    (A) CEMETERY DURING A FUNERAL OR BURIAL;
   23    (B) FUNERAL HOME DURING THE VIEWING OF A DECEASED PERSON;
   24    (C) FUNERAL PROCESSION; OR
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03321-01-9
       A. 4938                             2
    1    (D)  BUILDING  IN  WHICH  A  FUNERAL  OR  MEMORIAL  SERVICE  IS  BEING
    2  CONDUCTED; AND
    3    3.  KNOWS  THAT  HE  OR  SHE  IS WITHIN THREE HUNDRED FEET OF ANY AREA
    4  DESCRIBED IN SUBDIVISION TWO OF THIS SECTION.
    5    DISORDERLY CONDUCT IN THE FIRST DEGREE IS A CLASS A MISDEMEANOR.
    6  S 240.23 DISORDERLY CONDUCT IN THE SECOND DEGREE.
    7    A PERSON IS GUILTY OF DISORDERLY CONDUCT IN THE SECOND DEGREE WHEN  IN
    8  A PUBLIC PLACE AND WITH INTENT TO CAUSE PUBLIC INCONVENIENCE, ANNOYANCE,
    9  OR ALARM, OR WANTONLY CREATING A RISK THEREOF, HE OR SHE:
   10    1.  ENGAGES  IN  FIGHTING  OR  IN  VIOLENT, TUMULTUOUS, OR THREATENING
   11  BEHAVIOR;
   12    2. MAKES UNREASONABLE NOISE;
   13    3. REFUSES TO OBEY AN OFFICIAL ORDER TO DISPERSE  ISSUED  TO  MAINTAIN
   14  PUBLIC  SAFETY  IN DANGEROUS PROXIMITY TO A FIRE, HAZARD, OR OTHER EMER-
   15  GENCY; OR
   16    4. CREATES A HAZARDOUS OR PHYSICALLY OFFENSIVE CONDITION  BY  ANY  ACT
   17  THAT SERVES NO LEGITIMATE PURPOSE.
   18    DISORDERLY CONDUCT IN THE SECOND DEGREE IS A CLASS B MISDEMEANOR.
   19  S 240.24 DISRUPTION OF MEETINGS AND PROCESSIONS IN THE FIRST DEGREE.
   20    A  PERSON  IS  GUILTY OF DISRUPTION OF MEETINGS AND PROCESSIONS IN THE
   21  FIRST DEGREE WHEN, WITH INTENT TO PREVENT OR DISRUPT A FUNERAL OR  BURI-
   22  AL,  FUNERAL  HOME  VIEWING OF A DECEASED PERSON, FUNERAL PROCESSION, OR
   23  FUNERAL OR MEMORIAL SERVICE FOR A DECEASED PERSON, HE OR  SHE  DOES  ANY
   24  ACT  TENDING  TO  OBSTRUCT  OR INTERFERE WITH IT PHYSICALLY OR MAKES ANY
   25  UTTERANCE, GESTURE, OR DISPLAY DESIGNED TO OUTRAGE THE SENSIBILITIES  OF
   26  THE GROUP ATTENDING THE OCCASION.
   27    DISRUPTION  OF MEETINGS AND PROCESSIONS IN THE FIRST DEGREE IS A CLASS
   28  A MISDEMEANOR.
   29  S 240.24-A DISRUPTION OF MEETINGS AND PROCESSIONS IN THE SECOND DEGREE.
   30    A PERSON IS GUILTY OF DISRUPTION OF MEETINGS AND  PROCESSIONS  IN  THE
   31  SECOND  DEGREE WHEN, WITH INTENT TO PREVENT OR DISRUPT A LAWFUL MEETING,
   32  PROCESSION, OR GATHERING, HE OR SHE DOES ANY ACT TENDING TO OBSTRUCT  OR
   33  INTERFERE WITH IT PHYSICALLY OR MAKES ANY UTTERANCE, GESTURE, OR DISPLAY
   34  DESIGNED TO OUTRAGE THE SENSIBILITIES OF THE GROUP.
   35    DISRUPTION OF MEETINGS AND PROCESSIONS IN THE SECOND DEGREE IS A CLASS
   36  B MISDEMEANOR.
   37    S 3. This act shall take effect on the first of November next succeed-
   38  ing the date on which it shall have become a law.