Illinois General Assembly

Previous General Assemblies

Public Act 097-0359


 

Public Act 0359 97TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 097-0359
 
HB0180 EnrolledLRB097 02996 RLC 43026 b

    AN ACT concerning criminal law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Criminal Code of 1961 is amended by changing
Section 26-6 as follows:
 
    (720 ILCS 5/26-6)
    Sec. 26-6. Disorderly conduct at a funeral or memorial
service.
    (a) The General Assembly finds and declares that due to the
unique nature of funeral and memorial services and the
heightened opportunity for extreme emotional distress on such
occasions, the purpose of this Section is to protect the
privacy and ability to mourn of grieving families directly
before, during, and after a funeral or memorial service.
    (b) For purposes of this Section:
        (1) "Funeral" means the ceremonies, rituals,
    processions, and memorial services held at a funeral site
    in connection with the burial, cremation, or memorial of a
    deceased person.
        (2) "Funeral site" means a church, synagogue, mosque,
    funeral home, mortuary, cemetery, gravesite, mausoleum, or
    other place at which a funeral is conducted or is scheduled
    to be conducted within the next 30 minutes or has been
    conducted within the last 30 minutes.
    (c) A person commits the offense of disorderly conduct at a
funeral or memorial service when he or she:
        (1) engages, with knowledge of the existence of a
    funeral site, in any loud singing, playing of music,
    chanting, whistling, yelling, or noisemaking with, or
    without, noise amplification including, but not limited
    to, bullhorns, auto horns, and microphones within 300 200
    feet of any ingress or egress of that funeral site, where
    the volume of such singing, music, chanting, whistling,
    yelling, or noisemaking is likely to be audible at and
    disturbing to the funeral site;
        (2) displays, with knowledge of the existence of a
    funeral site and within 300 200 feet of any ingress or
    egress of that funeral site, any visual images that convey
    fighting words or actual or veiled threats against any
    other person; or
        (3) with knowledge of the existence of a funeral site,
    knowingly obstructs, hinders, impedes, or blocks another
    person's entry to or exit from that funeral site or a
    facility containing that funeral site, except that the
    owner or occupant of property may take lawful actions to
    exclude others from that property.
    (d) Disorderly conduct at a funeral or memorial service is
a Class C misdemeanor. A second or subsequent violation is a
Class 4 felony.
    (e) If any clause, sentence, section, provision, or part of
this Section or the application thereof to any person or
circumstance is adjudged to be unconstitutional, the remainder
of this Section or its application to persons or circumstances
other than those to which it is held invalid, is not affected
thereby.
(Source: P.A. 94-772, eff. 5-17-06.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/15/2011