Second Regular Session Sixty-fifth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 06-0993.01 Stephen Miller HOUSE BILL 06-1382 HOUSE SPONSORSHIP Merrifield, McFadyen, Penry, Cloer, Larson, White, Stafford, Gallegos, Balmer, Benefield, Butcher, Carroll T., Cerbo, Clapp, Coleman, Decker, Frangas, Green, Hodge, Lindstrom, Madden, Marshall, Massey, May M., McKinley, Paccione, Plant, Ragsdale, Riesberg, Rose, Solano, Soper, Stengel, Todd, and Vigil SENATE SPONSORSHIP Shaffer, and Jones House Committees Senate Committees Judiciary A BILL FOR AN ACT Concerning the creation of the "Right to Rest in Peace Act". Bill Summary (Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.) Creates the "Right to Rest in Peace Act". Makes it a class 3 misdemeanor to engage in picketing within 500 feet of a funeral site during the period from one hour before the scheduled commencement of a funeral until one hour after the completion of the funeral. Makes a second or subsequent offense a class 2 misdemeanor. Authorizes district courts to award damages, including punitive damages, attorney fees, or other appropriate relief, against a person or persons found guilty of engaging in picketing that is prohibited. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. Part 1 of article 9 of title 18, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read: 18-9-108.5. Funeral picketing - short title - penalty - definitions. (1) This section shall be known and may be cited as the "Right to Rest in Peace Act". (2) The general assembly finds and declares that: (a) It is generally recognized that families have a substantial interest in organizing and attending funerals for deceased relatives; (b) The interests of families in privately and peacefully mourning the loss of deceased relatives are violated when funerals are targeted for picketing and other public demonstrations; (c) Picketing of funerals causes emotional disturbance and distress to grieving families who participate in funerals; and (d) 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 the period from one hour before the scheduled commencement of a funeral until one hour after the completion of the funeral. (3) The general assembly, therefore, determines it is necessary to enact this section in order to: (a) Protect the privacy of grieving families from one hour before the scheduled commencement of the funeral until one hour after the completion of the funeral; and (b) Preserve the peaceful character of funeral sites from one hour before the scheduled commencement of funerals until one hour after the completion of funerals. (4) As used in this section: (a) "Funeral" means the ceremonies, rituals, processions, and memorial services held at a funeral site in connection with the burial, cremation, or memorial of a deceased person. (b) "Funeral site" means a church, synagogue, mosque, funeral home, mortuary, cemetery, gravesite, mausoleum, or other place at which a funeral is conducted. (c) "Picketing" means public protest activities of any form engaged in by a person or persons at a funeral site. (5) It is unlawful for a person to engage in picketing within five hundred feet of a funeral site during the period from one hour before the scheduled commencement of a funeral until one hour after the completion of the funeral. (6) A violation of subsection (5) of this section is a class 3 misdemeanor. A person convicted of a second or subsequent violation of subsection (5) of this section commits a class 2 misdemeanor. (7) In addition to the penalties provided in subsection (6) of this section, a district court of this state may award damages, including punitive damages, attorney fees, and other appropriate relief, against a person or persons found guilty of actions made unlawful by subsection (5) of this section. SECTION 2. Effective date - applicability. This act shall take effect upon passage and shall apply to offenses committed on or after the applicable effective date of this act. SECTION 3. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.