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

1.6 	Section 1. [609.501] FUNERAL OR BURIAL SERVICE; PROHIBITED ACTS.
1.7 		Subdivision 1.Definitions.  (a) For purposes of this section, the following terms 
1.8 	have the meaning given them in this subdivision. 
1.9 	(b) "Funeral ceremony" has the meaning given in section 149A.02, subdivision 18. 
1.10 	(c) "Funeral service" has the meaning given in section 149A.02, subdivision 23. 
1.11 	(d) "Graveside service" has the meaning given in section 149A.02, subdivision 24. 
1.12 	(e) "Memorial service" has the meaning given in section 149A.02, subdivision 28. 
1.13 		Subd. 2. Crime to disrupt.  (a) It is a misdemeanor for a person to knowingly 
1.14 	and willfully disrupt or attempt to disrupt in any manner and for any reason the lawful 
1.15 	funeral service, funeral ceremony, graveside service, or memorial service for any deceased 
1.16 	person. It is a gross misdemeanor for a person to violate this subdivision, if the person has 
1.17 	previously been convicted of a violation of this subdivision.
1.18 	(b) For purposes of this section, disruption includes, but is not limited to, public 
1.19 	protesting or picketing on the day of the service or ceremony within 1,000 feet of:
1.20 	(1) the location or locations at which the service or ceremony is being conducted; 
1.21 	(2) the principal route or routes between the locations of: 
1.22 	(i) the home or homes of the deceased person's family members, and
1.23 	(ii) the service or ceremony; or 
2.1 	(3) the principal route or routes between the locations at which any part of the 
2.2 	service or ceremony are being conducted, including, but not limited to, the mortuary, 
2.3 	funeral parlor, church, synagogue, mosque, and cemetery, as may apply. 
2.4 	Disruption also includes public protest or picketing for any reason and at any time 
2.5 	within 1,000 feet of the home, domicile, or place of employment of any surviving member 
2.6 	of the deceased person's immediate family, if the protest or picketing could reasonably be 
2.7 	construed as intended to disrupt the surviving member's grieving process.
2.8 		Subd. 3. Civil remedies.  In addition to the criminal penalties provided in 
2.9 	subdivision 2, the court may enjoin conduct prohibited in subdivision 2, and may in such 
2.10 	proceeding award damages, including attorney fees or other appropriate relief against a 
2.11 	person, if there is credible evidence that the person has violated, or is likely to violate, 
2.12 	subdivision 2. Any surviving member of the deceased person's immediate family who is 
2.13 	damaged or threatened with loss or injury by reason of a violation described in subdivision 
2.14 	2 is entitled to sue for and have injunctive relief and appropriate remedial compensation 
2.15 	in any court of competent jurisdiction against any damage or threatened loss or injury 
2.16 	by reason of a violation thereof.

2.17 	EFFECTIVE DATE. This section is effective August 1, 2006.