act-2006-0-63•Pennsylvania Act 2006-63 — CRIMES CODE (18 PA.C.S.) AND JUDICIAL CODE (42 PA.C.S.) - OFFENSE OF DEMONSTRATING AT COMMEMORATIVE SERVICE AND COMMEMORATIVE SERVICE DEMONSTRATION ACTION
Pennsylvania Act 2006-63 — CRIMES CODE (18 PA.C.S.) AND JUDICIAL CODE (42 PA.C.S.) - OFFENSE OF DEMONSTRATING AT COMMEMORATIVE SERVICE AND COMMEMORATIVE SERVICE DEMONSTRATION ACTION
act-2006-0-632006 Pa. Act 63Law
Act text
CRIMES CODE (18 PA.C.S.) AND JUDICIAL CODE (42 PA.C.S.) - OFFENSE OF
DEMONSTRATING AT COMMEMORATIVE SERVICE AND COMMEMORATIVE SERVICE
DEMONSTRATION ACTION
Act of Jun. 30, 2006, P.L. 288, No. 63 Cl. 18
Session of 2006
No. 2006-63
SB 1150
AN ACT
Amending Titles 18 (Crimes and Offenses) and 42 (Judiciary and
Judicial Procedure) of the Pennsylvania Consolidated
Statutes, providing for offense of demonstrating at a
commemorative service and for commemorative service
demonstration action.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 18 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 7517. Commemorative service demonstration activities.
(a) Legislative intent.--The General Assembly finds and
declares that:
(1) Families have a substantial interest in organizing
and attending commemorative services for deceased relatives.
(2) The interests of families in privately and
peacefully mourning the loss of deceased relatives are
violated when commemorative services are targeted for
picketing and other public demonstrations.
(3) Picketing of commemorative services causes emotional
disturbance and distress to grieving families who participate
in commemorative services.
(4) Full opportunity exists under the terms and
provisions of this section for the exercise of freedom of
speech and other constitutional rights at times other than
within one hour prior to, during and one hour following the
commemorative services.
(b) Offense defined.--A person commits a misdemeanor of the
third degree if the person engages in demonstration activities
within 500 feet of any cemetery, mortuary, church or other
location being utilized for the purposes of a commemorative
service within one hour prior to, during and one hour following
the commemorative service.
(c) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Commemorative service." An event involving the gathering of
individuals who assemble:
(1) At a cemetery or other location during the burial,
funeral, ceremony or memorial service of a specific deceased
person, to mourn or honor the deceased person or to pay
respect to the family of the deceased person.
(2) In a building during the viewing, visitation,
burial, funeral, ceremony or memorial service of a specific
deceased person, to mourn or honor the deceased person or to
pay respect to the family of the deceased person.
(3) To participate in a procession to a cemetery,
building or other location in which a viewing, visitation,
burial, funeral, ceremony or memorial service of a specific
deceased person is to be conducted, to mourn or honor the
deceased person or to pay respect to the family of the
deceased person.
"Demonstration activities." Any of the following:
(1) Any picketing or similar conduct.
(2) Any oration, speech or use of sound amplification
equipment or device or similar conduct that is not part of a
commemorative service.
(3) The display of any placard, sign, banner, flag or
similar device, unless such display is part of a
commemorative service.
(4) The distribution of any handbill, pamphlet, leaflet
or other written or printed matter, other than a program
distributed as part of a commemorative service.
Section 2. Title 42 is amended by adding a section to read:
§ 8320. Commemorative service demonstration action.
(a) Civil action.--In addition to any other right of action
and any other remedy provided by law, an individual aggrieved by
the offense defined in 18 Pa.C.S. § 7517 (relating to
commemorative service demonstration activities) may bring a
civil action in any court of competent jurisdiction to obtain
appropriate relief.
(b) General relief.--In a civil action brought under this
section, the aggrieved individual may recover general and
special damages, including damages for emotional distress,
punitive damages, reasonable attorney fees and other costs
associated with the litigation, and such other relief that the
court deems necessary and proper.
(c) Injunctive relief.--Upon a showing of cause for the
issuance of injunctive relief, a court may issue temporary
restraining orders, preliminary injunctions and permanent
injunctions as may be appropriate under this section. During any
period that an action under this section is pending, a court may
order the cessation of the activity forming the basis of the
complaint.
Section 3. This act shall take effect in 60 days.
APPROVED--The 30th day of June, A. D. 2006.
EDWARD G. RENDELL
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