1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am
A bill for an act
relating to funerals; prohibiting the disruption of a funeral, funeral procession,
burial service, memorial service, or engaging in certain targeted residential
picketing; 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:
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(a) For purposes of this section, the following terms
have the meanings given.
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(b) "Funeral ceremony" has the meaning given in section 149A.02, subdivision 18.
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(c) "Funeral procession" means two or more motor vehicles that identify themselves
by using regular lights and by keeping themselves in close formation, one of which
contains the body of a deceased person, enroute to or from a funeral ceremony or a
graveside service.
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(d) "Graveside service" has the meaning given in section 149A.02, subdivision 24.
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(e) "Memorial service" has the meaning given in section 149A.02, subdivision 28,
but must be conducted within 90 days of the subject's death or suspected death.
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(f) "Targeted residential picketing" has the meaning given in section 609.748,
subdivision 1, paragraph (c), but does not require more than one act or that acts be
committed on more than one occasion.
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(a) Whoever does any of the following is guilty of a
misdemeanor:
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(1) intentionally disrupts a funeral ceremony, a graveside service, or a memorial
service, by publicly protesting or picketing during the period in which the ceremony or
service is occurring, within the hour immediately preceding its commencement, or within
the hour immediately following its completion;
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(2) with intent to disrupt a funeral procession, impedes or attempts to impede a
vehicle that is part of the procession;
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(3) intentionally physically blocks or attempts to physically block access to a funeral
ceremony, graveside service, or memorial service; or
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(4) knowingly 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
funeral ceremony, graveside service, or memorial service.
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(b) Whoever is convicted of a violation of paragraph (a) following a previous
conviction for a violation of paragraph (a) or a similar statute from another state or the
United States is guilty of a gross misdemeanor.
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A person who violates subdivision 2 is liable to a surviving
member of the deceased person's immediate family for damages caused by the violation.
A surviving member of the deceased person's immediate family may also bring an action
for injunctive relief and other appropriate remedial compensation.
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This section is effective the day following final enactment,
and applies to acts committed on or after that date.
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