H. B. 3144

         (By Delegates Butcher, Paxton, Manchin, Stowers,

Hall, R. Phillips, L. Phillips, Longstreth,

              Iaquinta, Rodighiero and Perdue)

         [Introduced February 15, 2011; 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 §61-8-15, relating to creating a criminal offense and adding misdemeanor criminal penalties 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 §61-8-15, to read as follows:

ARTICLE 8. CRIMES AGAINST CHASTITY, MORALITY AND DECENCY.

§61-8-15. Picketing or disruptive activity during funerals prohibited; misdemeanor criminal penalties.

    (a) Any person who recklessly, knowingly or intentionally:

    (1) Sings, chants, whistles, shouts, yells, uses a bullhorn, auto horn or sound amplification equipment; or

    (2) Pickets, marches, or demonstrates; 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, disturbs the peace of those persons attending a funeral or memorial service, or funeral procession, and who persists in such conduct after being requested to desist by a law-enforcement officer acting in his or her lawful capacity, is guilty of a misdemeanor and, upon conviction thereof, shall be confined in jail for an indeterminate sentence of not more than one year and fined not less than $500 nor more than $200.

    (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, it has been completely underscored.