HF 2985

3rd Engrossment - 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.

[609.501] FUNERAL OR BURIAL SERVICE; PROHIBITED ACTS.

Subdivision 1.

Definitions.

(a) For purposes of this section, the following terms
have the meanings given.

(b) "Family or household" has the meaning given to family or household member in
section 518B.01, subdivision 2.

(c) "Funeral ceremony" has the meaning given in section 149A.02, subdivision 18.

(d) "Funeral procession" means two or more motor vehicles that identify themselves
by using regular lights and by keeping themselves in close formation, one of which
contains the body of a deceased person, enroute to or from a funeral ceremony or a
graveside service.

(e) "Graveside service" has the meaning given in section 149A.02, subdivision 24.

(f) "Memorial service" has the meaning given in section 149A.02, subdivision 28.

(g) "Targeted residential picketing" has the meaning given in section 609.748,
subdivision 1, paragraph (c), but does not require more than one act or that acts be
committed on more than one occasion.

Subd. 2.

Crime to disrupt.

(a) Whoever does any of the following is guilty of a
misdemeanor:

(1) with intent to disrupt a funeral ceremony, graveside service, or memorial service,
protests or pickets within 500 feet of the burial site or the entrance to a facility or location
being used for the service or ceremony, within one hour prior to, during, or one hour
following the service or ceremony;

(2) with intent to disrupt a funeral procession, impedes or attempts to impede a
vehicle that is part of the procession;

(3) intentionally blocks or attempts to block access to a funeral ceremony, graveside
service, or memorial service; or

(4) knowingly engages in targeted residential picketing at the home or domicile of
any surviving member of the deceased person's family or household on the date of the
funeral ceremony, graveside service, or memorial service.

(b) Whoever is convicted of a violation of paragraph (a) following a previous
conviction for a violation of paragraph (a) or a similar statute from another state or the
United States is guilty of a gross misdemeanor.

Subd. 3.

Civil remedy.

A person who violates subdivision 2 is liable to a surviving
member of the deceased person's family or household for damages caused by the violation.
A surviving member of the deceased person's family or household may also bring an
action for injunctive relief and other appropriate relief or remedial compensation. In an
action brought under this subdivision, a prevailing plaintiff may recover attorney fees.

EFFECTIVE DATE.

This section is effective the day following final enactment,
and applies to acts committed on or after that date.