SECOND REGULAR SESSION

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 1026

93RD GENERAL ASSEMBLY

     Reported from the Committee on the Judiciary and Civil and Criminal Jurisprudence, April 27, 2006, with recommendation that the Senate Committee Substitute do pass.

TERRY L. SPIELER, Secretary.

3558S.05C

AN ACT

To amend chapter 578, RSMo, by adding thereto one new section relating to protest activities near funeral services, with an effective date.

Be it enacted by the General Assembly of the State of Missouri, as follows:

            Section A.  Chapter 578, RSMo, is amended by adding thereto one new section, to be known as section 578.502, to read as follows:

            578.502.  1.  This section shall be known as "Spc. Edward Lee Myers Law".

            2.  It shall be unlawful for any person to engage in picketing or other protest activities within three hundred feet of or about any church, cemetery, or funeral establishment, as defined by section 333.011, RSMo, within one hour prior to the commencement of any funeral, and until one hour following the cessation of any funeral.  Each day on which a violation occurs shall constitute a separate offense.  Violation of this section is a class B misdemeanor, unless committed by a person who has previously pled guilty to or been found guilty of a violation of this section, in which case the violation is a class A misdemeanor.

            3.  For purposes of this section, "funeral" means the ceremonies, processions, and memorial services held in connection with the burial or cremation of the dead.

            Section B.  If any of the provisions of section 578.501 are finally declared void or unconstitutional by a court of competent jurisdiction, then the enactment of section 578.502 shall be in effect on the date of such final decision.

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