H. B. 4306
(By Delegate Hrutkay, Poling, Eldridge, Butcher, Staton,
Hartman, Proudfoot, Hamilton, Boggs, Browning and Talbott)
[Introduced January 31, 2006; 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 §61-8-14a, relating
to creating a criminal offense for picketing or disrupting
funerals or memorial services.
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 §61-8-14a, to read as
follows:
ARTICLE 8. CRIMES AGAINST CHASTITY, MORALITY AND DECENCY.
§61-8-14a. Picketing or disruptive activity during funerals
prohibited.
(a) Any person who recklessly, knowingly or intentionally,
while being within five hundred feet of any funeral or memorial
service being conducted at any cemetery, funeral home or other
building or while being within five hundred feet of any funeral
procession:
(1) Engages in fighting or other tumultuous conduct;
(2) Makes unreasonable noise and continues to do so after
being asked to stop;
(3) Pickets; or
(4) Otherwise is disruptive to persons attending or taking
part in a funeral or memorial service, is guilty of a felony and,
upon conviction thereof, shall be confined in a correctional
facility for an indeterminate sentence of not less than one nor
more than five years and fined not less than five hundred dollars
nor more than two thousand dollars.
(b) For the purposes of this section, "picket" means to post
oneself in a particular location while intending to demonstrate or
protest
.
NOTE: The purpose of this bill is to create a criminal
offense for picketing or disrupting funerals or memorial services.
This section is new; therefore, strike-throughs and
underscoring have been omitted.