HF 2985

1.1                                        A bill for an act
1.2     relating to funerals; prohibiting the disruption of a funeral, funeral procession, 
1.3     burial service, memorial service, or engaging in certain targeted residential 
1.4     picketing; creating penalties and providing civil remedy;proposing coding for 
1.5     new law in Minnesota Statutes, chapter 609.
1.6     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7         Section 1. [609.501] FUNERAL OR BURIAL SERVICE; PROHIBITED ACTS.
1.8         Subdivision 1. Definitions.  (a) For purposes of this section, the following terms 
1.9     have the meanings given. 
1.10    (b) "Family or household" has the meaning given to family or household member in 
1.11    section 518B.01, subdivision 2. 
1.12    (c) "Funeral ceremony" has the meaning given in section 149A.02, subdivision 18.
1.13    (d) "Funeral procession" means two or more motor vehicles that identify themselves 
1.14    by using regular lights and by keeping themselves in close formation, one of which 
1.15    contains the body of a deceased person, enroute to or from a funeral ceremony or a 
1.16    graveside service.
1.17    (e) "Graveside service" has the meaning given in section 149A.02, subdivision 24. 
1.18    (f) "Memorial service" has the meaning given in section 149A.02, subdivision 28, 
1.19    but must be conducted within 90 days of the subject's death or suspected death. 
1.20    (g) "Targeted residential picketing" has the meaning given in section 609.748, 
1.21    subdivision 1, paragraph (c), but does not require more than one act or that acts be 
1.22    committed on more than one occasion.
1.23        Subd. 2. Crime to disrupt. (a) Whoever does any of the following is guilty of a 
1.24    misdemeanor:
2.1     (1) intentionally disrupts a funeral ceremony, a graveside service, or a memorial 
2.2     service, by publicly protesting or picketing during the period in which the ceremony or 
2.3     service is occurring, within the hour immediately preceding its commencement, or within 
2.4     the hour immediately following its completion;
2.5     (2) with intent to disrupt a funeral procession, impedes or attempts to impede a 
2.6     vehicle that is part of the procession;
2.7     (3) intentionally physically blocks or attempts to physically block access to a funeral 
2.8     ceremony, graveside service, or memorial service; or
2.9     (4) knowingly engages in targeted residential picketing at the home or domicile of 
2.10    any surviving member of the deceased person's family or household on the date of the 
2.11    funeral ceremony, graveside service, or memorial service.
2.12    (b) Whoever is convicted of a violation of paragraph (a) following a previous 
2.13    conviction for a violation of paragraph (a) or a similar statute from another state or the 
2.14    United States is guilty of a gross misdemeanor.
2.15        Subd. 3.  Civil remedy.  A person who violates subdivision 2 is liable to a surviving 
2.16    member of the deceased person's family or household for damages caused by the violation. 
2.17    A surviving member of the deceased person's immediate family may also bring an action 
2.18    for injunctive relief and other appropriate remedial compensation.
2.19    EFFECTIVE DATE.This section is effective the day following final enactment, 
2.20    and applies to acts committed on or after that date.