Bill Text: MS HB503 | 2012 | Regular Session | Introduced

Mississippi House Bill 503 (Prior Session Legislation)

Introduced

Bill Title: Protest at funerals; revise penalties.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Failed) 2012-03-06 - Died In Committee [HB503 Detail]

Download: Mississippi-2012-HB503-Introduced.html

MISSISSIPPI LEGISLATURE

2012 Regular Session

To: Judiciary B

By: Representatives Scott, Clark, Wooten

House Bill 503

AN ACT TO AMEND SECTION 97-35-18, MISSISSIPPI CODE OF 1972, TO REVISE THE PENALTIES FOR DISTURBANCE BY DISRUPTIVE PROTEST OF A FUNERAL, BURIAL SERVICE OR MEMORIAL SERVICE; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 97-35-18, Mississippi Code of 1972, is amended as follows:

97-35-18. (1) For purposes of this section, the following terms shall have the following meanings:

(a) "Funeral ceremony" means a service or rite commemorating the deceased with the body present.

(b) "Funeral service" means any services which may be used to:

(i) Care for and prepare dead human bodies for burial, cremation or other final disposition; and

(ii) Arrange, supervise, or conduct the funeral ceremony or the final disposition of dead human bodies.

(c) "Graveside service" means a service or rite, conducted at the place of interment, commemorating the deceased with the body present.

(d) "Memorial service" means a ceremony or rite commemorating the deceased without the body present.

(e) "Targeted residential picketing" includes the following acts when committed on more than one (1) occasion:

(i) Marching, standing or patrolling by one or more persons directed solely at a particular residential building in a manner that adversely affects the safety, security or privacy of an occupant of the building; or

(ii) Marching, standing or patrolling by one or more persons which prevents an occupant of a residential building from gaining access to or exiting from the property on which the residential building is located.

(2) Whoever does any of the following shall be guilty of a felony:

(a) With intent to disrupt a funeral service, graveside service, memorial service, or funeral ceremony, protests or pickets within one thousand (1,000) feet of the location or locations at which the service or ceremony is being conducted within one (1) hour before, during, and one (1) hour following the service or ceremony;

(b) With intent to disrupt a funeral procession impeding vehicles that are part of the funeral procession;

(d) 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,

and upon conviction thereof, shall be punished by a fine of not more than Five Thousand Dollars ($5,000.00) and by imprisonment in the custody of the Department of Corrections for not less than one (1) year nor more than five (5) years.

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(3) In addition to the criminal penalties provided in subsection (2) of this section, the court may enjoin conduct prohibited in subsection (2) of this section, 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, subsection (2) of this section. 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 subsection (2) of this section 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.

SECTION 2. This act shall take effect and be in force from and after its passage.