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[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 4042 Introduced in Senate (IS)]

109th CONGRESS
  2d Session
                                S. 4042

   To amend title 18, United States Code, to prohibit disruptions of 
       funerals of members or former members of the Armed Forces.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 29, 2006

   Mr. Durbin (for himself, Mr. Chambliss, Mr. Conrad, and Mr. Bayh) 
introduced the following bill; which was read twice and referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
   To amend title 18, United States Code, to prohibit disruptions of 
       funerals of members or former members of the Armed Forces.

    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 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.''.
                                 <all>
```