ENGROSSED
COMMITTEE SUBSTITUTE
FOR
H. B. 4306
(By Delegates Hrutkay, Poling, Eldridge, Butcher, Staton,
Hartman, Proudfoot, Hamilton, Boggs, Browning and Talbott)
(Originating in the Committee on the Judiciary)
[February 3, 2006]
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, disturbs the peace of those persons attending a funeral
or memorial service, or funeral procession, and who persist in such
conduct after being requested to desist by a law-enforcement
officer acting in his lawful capacity, 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.