HF 2917

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to funerals; prohibiting the disruption of a funeral, burial service, or
memorial service; creating penalties and providing civil remedy; proposing
coding for new law in Minnesota Statutes, chapter 609.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [609.501] FUNERAL OR BURIAL SERVICE; PROHIBITED ACTS.
new text end

new text begin new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms
have the meaning given them in this subdivision.
new text end

new text begin (b) "Funeral ceremony" has the meaning given in section 149A.02, subdivision 18.
new text end

new text begin (c) "Funeral service" has the meaning given in section 149A.02, subdivision 23.
new text end

new text begin (d) "Graveside service" has the meaning given in section 149A.02, subdivision 24.
new text end

new text begin (e) "Memorial service" has the meaning given in section 149A.02, subdivision 28.
new text end

new text begin Subd. 2. new text end

new text begin Crime to disrupt. new text end

new text begin (a) It is a misdemeanor for a person to knowingly
and willfully disrupt or attempt to disrupt in any manner and for any reason the lawful
funeral service, funeral ceremony, graveside service, or memorial service for any deceased
person. It is a gross misdemeanor for a person to violate this subdivision, if the person has
previously been convicted of a violation of this subdivision.
new text end

new text begin (b) For purposes of this section, disruption includes, but is not limited to, public
protesting or picketing on the day of the service or ceremony within 300 feet of:
new text end

new text begin (1) the location or locations at which the service or ceremony is being conducted;
new text end

new text begin (2) the principal route or routes between the locations of:
new text end

new text begin (i) the home or homes of the deceased person's family members, and
new text end

new text begin (ii) the service or ceremony; or
new text end

new text begin (3) the principal route or routes between the locations at which any part of the
service or ceremony are being conducted, including, but not limited to, the mortuary,
funeral parlor, church, synagogue, mosque, and cemetery, as may apply.
new text end

new text begin Disruption also includes public protest or picketing for any reason and at any time
within 300 feet of the home, domicile, or place of employment of any surviving member
of the deceased person's immediate family, if the protest or picketing could reasonably be
construed as intended to disrupt the surviving member's grieving process.
new text end

new text begin Subd. 3. new text end

new text begin Civil remedies. new text end

new text begin In addition to the criminal penalties provided in
subdivision 2, the court may enjoin conduct prohibited in subdivision 2, and may in such
proceeding award damages, including attorney fees or other appropriate relief against a
person, if there is credible evidence that the person has violated, or is likely to violate,
subdivision 2. Any surviving member of the deceased person's immediate family who is
damaged or threatened with loss or injury by reason of a violation described in subdivision
2 is entitled to sue for and have injunctive relief and appropriate remedial compensation
in any court of competent jurisdiction against any damage or threatened loss or injury
by reason of a violation thereof.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2006.
new text end