H. B. 4306


(By Delegate Hrutkay, Poling, Eldridge, Butcher, Staton, Hartman, Proudfoot, Hamilton, Boggs, Browning and Talbott)

[Introduced January 31, 2006; referred to the

Committee on the Judiciary.]



A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-8-14a, relating to creating a criminal offense for picketing or disrupting funerals or memorial services.

Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §61-8-14a, to read as follows:
ARTICLE 8. CRIMES AGAINST CHASTITY, MORALITY AND DECENCY.
§61-8-14a. Picketing or disruptive activity during funerals prohibited.

(a) Any person who recklessly, knowingly or intentionally, while being within five hundred feet of any funeral or memorial service being conducted at any cemetery, funeral home or other building or while being within five hundred feet of any funeral procession:
(1) Engages in fighting or other tumultuous conduct;
(2) Makes unreasonable noise and continues to do so after being asked to stop;
(3) Pickets; or
(4) Otherwise is disruptive to persons attending or taking part in a funeral or memorial service, is guilty of a felony and, upon conviction thereof, shall be confined in a correctional facility for an indeterminate sentence of not less than one nor more than five years and fined not less than five hundred dollars nor more than two thousand dollars.
(b) For the purposes of this section, "picket" means to post oneself in a particular location while intending to demonstrate or protest .


NOTE: The purpose of this bill is to create a criminal offense for picketing or disrupting funerals or memorial services.

This section is new; therefore, strike-throughs and underscoring have been omitted.