H. B. 2235
(By Delegates Hamilton, Poling, Stalnaker and H. White)
[Introduced January 9, 2008; referred to the
Committee on the Judiciary.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §61-6-15, relating to
prohibiting the willful obstruction or impediment of a funeral
or interment service; prohibiting demonstrations at a funeral
or interment service within one thousand feet of the funeral
home, church or cemetery; and providing penalties for
violations.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §61-6-15, to read as
follows:
ARTICLE 6. CRIMES AGAINST THE PEACE.
§61-6-15. Disturbance of a funeral.
(a) A person or group of persons may not willfully obstruct or
impede another person who is attending a funeral or interment service at a funeral home, church or cemetery.
(b) A person or group of persons protesting or demonstrating
at a funeral or interment service may not protest or demonstrate
within one thousand feet of the funeral home, church or cemetery
during the funeral or interment service.
(c) A person violating the provisions of this section is
guilty of a misdemeanor, and upon conviction thereof, shall be
fined not less than fifty dollars nor more than five hundred
dollars. A person convicted of a second offence violation of this
section is guilty of a misdemeanor and shall be fined not less than
five hundred dollars nor more than one thousand dollars or confined
in jail not more than ten days, or both fined and confined.
NOTE: The purpose of this bill is to prohibit the willful
obstruction or impediment of a funeral or interment service, and to
prohibit demonstrations at a funeral or interment service within
one thousand feet of the funeral home, church or cemetery.
This section is new; therefore, strike-throughs and
underscoring have been omitted.
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