An Act To Protect the Solemnity and Dignity of a Funeral or Memorial Service in Maine
Maine Legislature, Session 123, LD 0246
Committee Amendment CA_A_S54 (Senate)
Amends: 17-A MRSA §16, 17-A MRSA §501, 17-A MRSA §501-A

Reported by: Majority 
COMMITTEE AMENDMENT ".,.1 "to S.P. 83, L.D. 246, Bill, "An Act To Protect 
the Solemnity and Dignity of a Funeral or Memorial Service in Maine" 
Amend the bill by striking out everything after the title and before the summary and 
inserting the following: 
'Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, the Legislature recognizes that the State has an immediate interest in 
balancing the rights of the bereaved to mourn peacefully at funerals with others' rights to 
free expression; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 17-A MRSA §16, sub-§2, ~A, as amended by PL 1979, c. 127, §125, is 
further amended to read: 
A. Any of the Class D or Class E crimes described in sections 207; 209; 211; 254; 
255; 501, subsection 2; 503; 501-A, subsection 1, paragraph B; 751; 806; or 1002. 
Sec.2. 17-A MRSA §501, as amended by PL 1995, c. 258, §1, is repealed. 
Sec.3. 17-A MRSA §501-A is enacted to read: 
§501-A. Disorderly conduct 
1. A person is guilty of disorderly conduct if: 
A. In a public place, the person intentionally or recklessly causes annoyance to 
others by intentionally: 
COMMITTEE AMENDMENT 
~.~ 
COMMITTEE AMENDMENT "A " to S.P. 83, L.D. 246 
(1) Making loud and unreasonable noises; 
(2) Activating a device, or exposing a substance, that releases noxious and 
offensive odors; or 
(3) Engaging in fighting, without being licensed or privileged to do so; 
B. In a public or private place, the person knowingly accosts, insults, taunts or 
challenges any person with offensive, derisive or annoying words, or by gestures or 
other physical conduct, that would in fact have a direct tendency to cause a violent 
response by an ordinary person in the situation of the person so accosted, insulted, 
taunted or challenged; 
C. In a private place, the person makes loud and unreasonable noise that can be 
heard by another person, who may be a law enforcement officer, as unreasonable 
noise in a public place or in another private place, after having been ordered by a law 
enforcement officer to cease the noise; or 
D. 
In a private or public place on or near property where a funeral, burial or 
memorial service is being held, the person knowingly accosts, insults, taunts or 
challenges any person in mourning and in attendance at the funeral, burial or 
memorial service with unwanted, obtrusive communications by way of offensive, 
derisive or annoying words, or by gestures or other physical conduct, that would in 
fact have a direct tendency to cause a violent response by an ordinary person in 
mourning and in attendance at a funeral, burial or memorial service. 
2. 
As used in this section, unless the context otherwise indicates, the following 
terms have the following meanings. 
A. "Public place" means a place to which the public at large or a substantial group 
has access, including but not limited to: 
(1) Public ways as defined in section 505; 
(2) Schools and government-owned custodial facilities; and 
(3) The lobbies, hallways, lavatories, toilets and basement portions of apartment 
houses, hotels, public buildings and transportation terminals. 
B. "Private place" means any place that is not a public place. 
3. Disorderly conduct is a Class E crime. 
Emergency clause. 
In view of the emergency cited In the preamble, this 
legislation takes effect when approved.' 
SUMMARY 
This amendment replaces the bill and is the majority report of the Joint Standing 
Committee on Criminal Justice and Public Safety. The amendment adds an emergency 
clause and preamble, and instead of creating a new crime, it expands upon the current 
crime of disorderly conduct. The amendment replaces the whole statutory section on 
disorderly conduct to correct faulty section structure. 
Substantively, however, the 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ",A " to S.P. 83, L.D. 246 
amendment uses current law to identify funeral attendees as a special class when making 
a disorderly conduct analysis. The amendment specifies that in a private or public place 
on or near property where a funeral, burial or memorial service is being held, a person is 
guilty of disorderly conduct if the person knowingly accosts, insults, taunts or challenges 
any person in mourning and in attendance at the funeral, burial or memorial service with 
unwanted, obtrusive communications by way of offensive, derisive or annoying words, or 
by gestures or other physical conduct, that would in fact have a direct tendency to cause a 
violent response by an ordinary person in mourning and in attendance at a funeral, burial 
or memorial service. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03/28/07 
~ac:.. 
LD246 
LR 8(02) 
An Act To Protect the Solemnity and Dignity of a Funeral or Memorial Service in Maine 
Fiscal Note for Bill as Amended by Committee Amendment '/4 " 
Committee: Criminal Justice and Public Safety 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Correctional and Judicial Impact Statements 
Expands a current Class E crime. 
The collection of additional fines may also increase General Fund revenue by minor amounts. 
LR0008(02) - Fiscal Note - Page 1 of 1