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HF 2985

2nd Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to funerals; prohibiting the disruption of a funeral, burial service, or
memorial service; creating penalties and providing civil remedy; proposing
coding for new law in Minnesota Statutes, chapter 609.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [609.501] FUNERAL OR BURIAL SERVICE; PROHIBITED ACTS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms
have the meaning given them in this subdivision.
new text end

new text begin (b) "Funeral ceremony" has the meaning given in section 149A.02, subdivision 18.
new text end

new text begin (c) "Funeral service" has the meaning given in section 149A.02, subdivision 23.
new text end

new text begin (d) "Graveside service" has the meaning given in section 149A.02, subdivision 24.
new text end

new text begin (e) "Memorial service" has the meaning given in section 149A.02, subdivision 28.
new text end

new text begin (f) "Targeted residential picketing" has the meaning given in section 609.748,
subdivision 1, paragraph (c).
new text end

new text begin Subd. 2. new text end

new text begin Crime to disrupt. new text end

new text begin (a) Whoever does any of the following is guilty of a
misdemeanor:
new text end

new text begin (1) with intent to disrupt a funeral service, graveside service, memorial service, or
funeral ceremony, protests or pickets within 1,000 feet of the location or locations at
which the service or ceremony is being conducted within one hour prior to, during, and
one hour following the service or ceremony;
new text end

new text begin (2) with intent to disrupt a funeral procession, impedes vehicles that are part of the
funeral procession;
new text end

new text begin (3) intentionally blocks access to a funeral service, funeral ceremony, graveside
service, or memorial service; or
new text end

new text begin (4) engages in targeted residential picketing at the home or domicile of any surviving
member of the deceased person's immediate family on the date of the service or ceremony.
new text end

new text begin (b) Whoever is convicted of a second or subsequent violation of paragraph (a) is
guilty of a gross misdemeanor. For purposes of this paragraph, a second or subsequent
violation includes a violation of a statute from another state in conformity with this statute.
new text end

new text begin Subd. 3. new text end

new text begin Civil remedies. new text end

new text begin In addition to the criminal penalties provided in
subdivision 2, the court may enjoin conduct prohibited in subdivision 2, and may in such
proceeding award damages, including attorney fees or other appropriate relief against a
person, if there is credible evidence that the person has violated, or is likely to violate,
subdivision 2. Any surviving member of the deceased person's immediate family who is
damaged or threatened with loss or injury by reason of a violation described in subdivision
2 is entitled to sue for and have injunctive relief and appropriate remedial compensation
in any court of competent jurisdiction against any damage or threatened loss or injury
by reason of a violation thereof.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment,
and applies to acts committed on or after that date.
new text end