Minnesota Session Laws - 2006, Regular Session

CHAPTER 195--H.F.No. 2985

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 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 meanings given. new text end

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

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

new text begin (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. new text end

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

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

new text begin (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. new text end

new text begin Subd. 2. new text end

new text begin Crime to disrupt. new text end

new text begin (a) Whoever does any of the following is guilty of a misdemeanor: new text end

new text begin (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; new text end

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

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

new text begin (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. new text end

new text begin (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. new text end

new text begin Subd. 3. new text end

new text begin Civil remedy. new text end

new text begin 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. new text end

new text begin EFFECTIVE DATE. new text end

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

Presented to the governor May 8, 2006

Signed by the governor May 9, 2006, 11:25 a.m.