[United States Statutes at Large, Volume 120, 109th Congress, 2nd Session]
[From the U.S. Government Publishing Office, www.gpo.gov]

120 STAT. 3480

Public Law 109-464
109th Congress

An Act


 
To amend title 18, United States Code, to prohibit disruptions of
funerals of members or former members of the Armed Forces.  NOTE: Dec.
22, 2006 -  [S. 4042]

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

SECTION 1. RESPECT FOR THE FUNERALS OF FALLEN HEROES.

(a) In General.--Chapter 67 of title 18, United States Code, is
amended by adding at the end the following new section:

``Sec. 1388. Prohibition on disruptions of funerals of members or former
members of the Armed Forces

``(a) Prohibition.--For any funeral of a member or former member of
the Armed Forces that is not located at a cemetery under the control of
the National Cemetery Administration or part of Arlington National
Cemetery, it shall be unlawful for any person to engage in an activity
during the period beginning 60 minutes before and ending 60 minutes
after such funeral, any part of which activity--
``(1)(A) takes place within the boundaries of the location
of such funeral or takes place within 150 feet of the point of
the intersection between--
``(i) the boundary of the location of such funeral;
and
``(ii) a road, pathway, or other route of ingress to
or egress from the location of such funeral; and
``(B) includes any individual willfully making or assisting
in the making of any noise or diversion that is not part of such
funeral and that disturbs or tends to disturb the peace or good
order of such funeral with the intent of disturbing the peace or
good order of that funeral; or
``(2)(A) is within 300 feet of the boundary of the location
of such funeral; and
``(B) includes any individual willfully and without proper
authorization impeding the access to or egress from such
location with the intent to impede the access to or egress from
such location.

``(b) Penalty.--Any person who violates subsection (a) shall be
fined under this title, imprisoned for not more than 1 year, or both.
``(c) Definitions.--In this section:
``(1) The term `Armed Forces' has the meaning given the term
in section 101 of title 10.
``(2) The term `funeral of a member or former member of the
Armed Forces' means any ceremony or memorial service

[[Page 3481]]
120 STAT. 3481

held in connection with the burial or cremation of a member or
former member of the Armed Forces.
``(3) The term `boundary of the location', with respect to a
funeral of a member or former member of the Armed Forces,
means--
``(A) in the case of a funeral of a member or former
member of the Armed Forces that is held at a cemetery,
the property line of the cemetery;
``(B) in the case of a funeral of a member or former
member of the Armed Forces that is held at a mortuary,
the property line of the mortuary;
``(C) in the case of a funeral of a member or former
member of the Armed Forces that is held at a house of
worship, the property line of the house of worship; and
``(D) in the case of a funeral of a member or former
member of the Armed Forces that is held at any other
kind of location, the reasonable property line of that
location.''.

(b) Clerical Amendment.--The table of sections at the beginning of
chapter 67 of such title is amended by inserting after the item related
to section 1387 the following new item:

``1388. Prohibition on disruptions of funerals of members or former
members of the Armed Forces.''.



Approved December 22, 2006.

LEGISLATIVE HISTORY--S. 4042:
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CONGRESSIONAL RECORD, Vol. 152 (2006):
Dec. 7, considered and passed Senate.
Dec. 8, considered and passed House.