SB591: SB591 Offenses Against Public Order; the disruption of a religious service; prohibit

26 LC 63 0053 Senate Bill 591 By: Senators Gooch of the 51st, Anavitarte of the 31st, Walker III of the 20th, Summers of the 13th, Echols of the 49th and others AS PASSED A BILL TO BE ENTITLED AN ACT To amend Article 2 of Chapter 11 of Title 16 of the Official Co de of Georgia Annotated,1 relating to offenses against public order, so as to prohibit the disruption of a religious service;2 to provide for enhanced penalties; to provide for related matters; to repeal conflicting laws;3 and for other purposes.4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:5 SECTION 1.6 Article 2 of Chapter 11 of Title 16 of the Official Code of Geo rgia Annotated, relating to7 offenses against public order, is amended by revising Code Section 16-11-34.2, relating to8 disorderly or disruptive conduct at any funeral or memorial service, as follows:9 "16-11-34.2.10 (a) As used in this Code section, the term 'religious service' means any public assembly11 of persons for worship, religious observance, or other religious purpose.12 (a)(b) The General Assembly declares that the interest of persons in planning, participating13 in, and attending a religious service, or a funeral or memorial service for a deceased14 relative or loved one, without unwanted impediment, disruption, disturbance, or15 interference is a substantial interest and the General Assembly further recognizes the need16 S. B. 591 - 1 - 26 LC 63 0053 to impose content neutral time, place, and manner restrictions on unwanted acts carried out17 with the intent to impede, disrupt, disturb, or interfere with such religious service, funeral,18 or memorial service.19 (b)(c) It shall be unlawful to engage in any disorderly or disruptive conduct with the intent20 to impede, disrupt, disturb, or interfere with the orderly conduct of any religious service,21 funeral, or memorial service, or with the normal activities and functions carried on in the22 facilities, or buildings, or other locations, both inside and outside, where such religious23 service, funeral, or memorial service is taking place. Any or all of the follow ing shall24 constitute such disorderly or disruptive conduct:25 (1) Displaying any visual images that convey fighting words or actual or imminent26 threats of harm directed to any person or property associated with said a religious service,27 funeral, or memorial service, within 500 feet of the ceremonial site or location facilities,28 buildings, or other locations being used for the religious service, funeral, or memorial29 service at any time one hour prior to, during, or one hour afte r the posted time for said30 such religious service, funeral, or memorial service;31 (2) Uttering loud, threatening, or abusive language or singing , chanting, whistling, or32 yelling with or without noise amplification, including, but not limited to, bullhorns,33 automobile horns, and microphones, such as would tend to impede, disrupt, disturb, or34 interfere with a religious service, funeral, or memorial service, within 500 feet of the35 ceremonial site or location facilities, buildings, or other locations being used for the such36 religious service, funeral, or memorial service;37 (3) Attempting to block or blocking pedestrian or vehicular access to the ceremonial site38 or location facilities, buildings, or other locations being used for a religious service,39 funeral, or memorial service at any time one hour prior to, during, or one hour after the40 posted time for said such religious service, funeral, or memorial service; or41 (4) Conducting a public assembly, parade, demonstration, or other like event, either fixed42 or processional, within 500 feet of the ceremonial site or location facilities, buildings, or43 S. B. 591 - 2 - 26 LC 63 0053 other locations being used for a religious service, funeral, or memorial service at any time44 one hour prior to, during, or one hour after the posted time for said such religious service,45 funeral, or memorial service.46 (c)(d) Any person who violates any provision of subsection (b) (c) of this Code section47 shall be guilty of a misdemeanor; provided, however, that if su ch person engages in48 disorderly or disruptive conduct at a funeral or memorial service of an individual receiving49 military funeral honors, such person shall be guilty of an aggravated misdemeanor."50 SECTION 2.51 All laws and parts of laws in conflict with this Act are repealed.52 S. B. 591 - 3 -