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 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