H. B. 2227
(By Delegates Hrutkay, M. Poling, Eldridge,
Proudfoot, Boggs, Browning and Talbott)
[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 §61-8-14a, 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:
(1) Sings, chants, whistles, shouts, yells, uses a bullhorn,
auto horn, or sound amplification equipment
; or
(2)
Pickets, marches, or demonstrates
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 with the intent to
incite or produce imminent lawless action and is likely to incite
or produce such action
, 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.