Press Release - Tuesday, January 10, 2006
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New legislation to be filed which would prohibit vile, disruptive, and inflammatory protests at funerals
CHICAGO -Today, Lt. Governor Pat Quinn and Rep. Brandon Phelps (D-118th) proposed the "Let Them Rest in Peace Act" - legislation to limit vile, disruptive, and inflammatory protests within 300 feet of all Illinois funeral services - which will be filed in the Illinois General Assembly this week.
The "Let Them Rest in Peace Act" is a response to a series of hate group disruptions at funeral services for Illinois military personnel in the past year.
"No grieving military family should be subjected to vile epithets and signs at the funeral service of their loved one who has made the ultimate sacrifice for our country," Quinn said. "This legislation strikes an important balance between the First Amendment religious rights of families to bury their dead with reverence and the expression rights of those seeking to harass mourners at a funeral service."
Quinn was joined by Rep. Brandon Phelps (D-118th), who felt compelled to sponsor the "Let Them Rest in Peace Act" after witnessing the conduct of a hate group at the funeral of Army Spc. Brian Romines in Anna, Illinois, one of the communities in his district.
Army Spc. Brian M. Romines died June 6, 2005 in Baghdad, Iraq, when an improvised explosive device detonated near his vehicle. Romines was assigned to the 2nd Battalion, 123rd Field Artillery stationed in Milan, Illinois. He was 20 years old.
The "Let Them Rest in Peace Act" applies to all funerals and memorial services in Illinois. The legislation creates a 300-foot zone of privacy between picketers and the site of funeral services. Disruptive and inflammatory protest would be prohibited 30 minutes before a funeral, during a funeral, and 30 minutes after the funeral within the 300-foot buffer zone.
Let Them Rest In Peace Act
- It is generally recognized that families have a substantial interest in organizing and attending funerals for deceased relatives; and
- The interest of families in privately and peacefully mourning the loss of deceased relatives are violated when funerals are targeted for picketing and other public demonstrations; and
- Picketing of funerals causes emotional disturbance and distress to grieving families who participate in funerals; and
- 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 within one-half hour prior to, during, and one-half hour following the end of funeral services.
The Criminal Offenses Code (720 ILCS 5/26) amended as follows:
(Section 26-1 subsection (a)(13) new)
Engaging in any loud protests of singing, chanting, whistling or yelling with, or without, noise amplification including but not limited to bullhorns, auto horns and microphones within 300 feet of any entrance of a facility being used for a funeral or memorial service at any time during the period starting 30 minutes before any funeral or memorial service is scheduled to begin and ending 30 minutes after the funeral or memorial service terminates; or
(Section 26-1 subsection (a)(14) new)
Displaying any visual images that convey fighting words, actual or veiled threats against any other person within 300 feet of any entrance of a facility being used for a funeral or memorial service at any time during the period starting 30 minutes before any funeral or memorial service is scheduled to begin and ending 30 minutes after the funeral or memorial service terminates; or
(Section 26-1 subsection (a)(15) new)
Blocking access to any facility being used for a funeral or memorial service during the period starting 30 minutes before any funeral or memorial service is scheduled to begin and ending 30 minutes after the funeral or memorial service terminates; or
(Section 26-1 subsection (a)(16) new)
Engaging in a directed protest march or picket at any public location within 300 feet of any entrance of a facility being used for a funeral or memorial service at any time during the period starting 30 minutes before any funeral or memorial service is scheduled to begin and ending 30 minutes after the funeral or memorial service terminates.
Section 26-1 subsection b is amended NEW:
Violation of subsection (a)(13)-(a)(16) of this Section is a Class C misdemeanor.
New. If any clause, sentence, section, provision or part of this Section 5/26 or the application thereof to any person or circumstance shall be adjudged to be unconstitutional, the remainder of said Act or its application to persons or circumstances other than those to which it is held invalid, shall not be affected thereby.Press Releases
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