S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         2772

                              2009-2010 Regular Sessions

                                 I N  A S S E M B L Y

                                   January 21, 2009
                                      ___________

       Introduced  by  M. of A. KOLB, TOWNSEND, FINCH, WALKER, ERRIGO -- Multi-
         Sponsored by -- M. of A. ALFANO, AMEDORE, BACALLES, BARCLAY,  BURLING,
         BUTLER,  CALHOUN,  CONTE, CORWIN, CROUCH, DUPREY, FITZPATRICK, GIGLIO,
         HAWLEY, HAYES, McDONOUGH, McKEVITT, MOLINARO, O'MARA,  RABBITT,  RAIA,
         REILICH,  SALADINO,  THIELE,  TOBACCO,  WEISENBERG  --  read  once and
         referred to the Committee on Codes

       AN ACT to amend the penal law, in relation to criminal interference with
         funeral services

         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section  1.  The  section heading, subdivision 1 and the closing para-
    2  graph of section 240.70 of the penal law, as added by chapter 635 of the
    3  laws of 1999, are amended to read as follows:
    4    Criminal interference with health care services, FUNERAL SERVICES,  or
    5  religious worship in the second degree.
    6    1.  A  person is guilty of criminal interference with health services,
    7  FUNERAL SERVICES, or religious worship in the second degree when:
    8    (a) by force or threat of force or by physical obstruction, he or  she
    9  intentionally  injures,  intimidates  or interferes with, or attempts to
   10  injure, intimidate or interfere with, another person because such  other
   11  person was or is obtaining or providing reproductive health services; or
   12    (b)  by force or threat of force or by physical obstruction, he or she
   13  intentionally injures, intimidates or interferes with,  or  attempts  to
   14  injure,  intimidate  or  interfere  with,  another  person  in  order to
   15  discourage such other person or any other person or persons from obtain-
   16  ing or providing reproductive health services; or
   17    (c) by force or threat of force or by physical obstruction, he or  she
   18  intentionally  injures,  intimidates  or interferes with, or attempts to
   19  injure, intimidate or interfere with, another person because such person
   20  was or is seeking to exercise the right of religious freedom at a  place
   21  of religious worship; or

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03695-01-9
       A. 2772                             2

    1    (d)  he  or  she  intentionally  damages the property of a health care
    2  facility, or attempts to do so, because such facility provides reproduc-
    3  tive health services, or intentionally damages the property of  a  place
    4  of religious worship; OR
    5    (E)  WITH  INTENT  TO  PREVENT OR DISRUPT A FUNERAL OR BURIAL, FUNERAL
    6  HOME VIEWING OF A DECEASED PERSON, FUNERAL  PROCESSION,  OR  FUNERAL  OR
    7  MEMORIAL SERVICE FOR A DECEASED PERSON, WHEN HE OR SHE:
    8    (I)  BLOCKS,  IMPEDES,  INHIBITS,  OR IN ANY OTHER MANNER OBSTRUCTS OR
    9  INTERFERES WITH ACCESS INTO OR FROM ANY BUILDING OR  PARKING  LOT  OF  A
   10  BUILDING  IN WHICH A FUNERAL, WAKE, MEMORIAL SERVICE, OR BURIAL IS BEING
   11  CONDUCTED, OR ANY BURIAL PLOT OR THE PARKING  LOT  OF  THE  CEMETERY  IN
   12  WHICH  A  FUNERAL, WAKE, MEMORIAL SERVICE, OR BURIAL IS BEING CONDUCTED;
   13  OR
   14    (II) CONGREGATES, PICKETS OR DEMONSTRATES WITHIN THREE  HUNDRED  (300)
   15  FEET OF AN EVENT SPECIFIED IN THIS SUBDIVISION; OR
   16    (III)  WITHOUT AUTHORIZATION FROM THE FAMILY OF THE DECEASED OR PERSON
   17  CONDUCTING THE SERVICE, DURING A FUNERAL,  WAKE,  MEMORIAL  SERVICE,  OR
   18  BURIAL:
   19    (1)  SINGS,  CHANTS, WHISTLES, SHOUTS, YELLS, OR USES A BULLHORN, AUTO
   20  HORN, SOUND AMPLIFICATION EQUIPMENT, OR OTHER SOUNDS OR IMAGES  OBSERVA-
   21  BLE  TO OR WITHIN EARSHOT OF PARTICIPANTS IN THE FUNERAL, WAKE, MEMORIAL
   22  SERVICE, OR BURIAL; OR
   23    (2) DOES OR MAKES ANY  UTTERANCE,  GESTURE,  OR  DISPLAY  DESIGNED  TO
   24  OUTRAGE  THE SENSIBILITIES OF THE GROUP ATTENDING THE FUNERAL OR BURIAL,
   25  FUNERAL HOME VIEWING OF A DECEASED PERSON, FUNERAL PROCESSION, OR FUNER-
   26  AL OR MEMORIAL SERVICE FOR A DECEASED PERSON; OR
   27    (3) DISTRIBUTES LITERATURE OR ANY OTHER ITEM.
   28    Criminal interference with health care services, FUNERAL SERVICES,  or
   29  religious worship in the second degree is a class A misdemeanor.
   30    S  2.  Section 240.71 of the penal law, as added by chapter 635 of the
   31  laws of 1999, is amended to read as follows:
   32  S 240.71  Criminal  interference  with  health  care  services,  FUNERAL
   33             SERVICES, or religious worship in the first degree.
   34    A person is guilty of criminal interference with health care services,
   35  FUNERAL  SERVICES,  or  religious worship in the first degree when he or
   36  she  commits  the  crime  of  criminal  interference  with  health  care
   37  services,  FUNERAL  SERVICES,  or religious worship in the second degree
   38  and has been previously convicted of the crime of criminal  interference
   39  with  health  care  services or religious worship in the first or second
   40  degree.
   41    Criminal interference with health care services, FUNERAL  SERVICES  or
   42  religious worship in the first degree is a class E felony.
   43    S 3. This act shall take effect immediately.