BILL ANALYSIS Ó
SB 661
Page 1
SENATE THIRD READING
SB 661 (Lieu)
As Amended August 6, 2012
Majority vote
SENATE VOTE :38-0
PUBLIC SAFETY 6-0 JUDICIARY 9-1
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|Ayes:|Ammiano, Knight, Cedillo, |Ayes:|Feuer, Wagner, Atkins, |
| |Hagman, Mitchell, Skinner | |Dickinson, Gorell, Huber, |
| | | |Jones, Monning, Bonnie |
| | | |Lowenthal |
| | | | |
|-----+--------------------------+-----+--------------------------|
| | |Nays:|Wieckowski |
| | | | |
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APPROPRIATIONS 16-1
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|Ayes:|Fuentes, Harkey, | | |
| |Blumenfield, Bradford, | | |
| |Charles Calderon, Campos, | | |
| |Davis, Gatto, Hall, Hill, | | |
| |Lara, Mitchell, Nielsen, | | |
| |Norby, Solorio, Wagner | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Donnelly | | |
| | | | |
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SUMMARY : Prohibits picketing, except on private property,
targeted at a funeral during a time period beginning one hour
prior to the funeral and ending one hour after the conclusion of
the funeral. Specifically, this bill :
1)States that violation of this section is punishable by a fine
not to exceed $1,000, imprisonment in a county jail for up to
six months, or both a fine and imprisonment.
2)Defines "funeral" as a ceremony or memorial service held in
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connection with the burial or cremation of a deceased person.
3)Defines "picketing" for purposes of this section as protest
activities engaged in by any person within 300 feet of a
burial site, mortuary, or place of worship.
4)States that "protest activities" includes oration, speech, use
of sound amplification equipment in a manner that is intended
to make or makes speech, including but not limited to, oration
audible to participants in a funeral, or similar conduct that
is not part of the funeral, before an assembled group of
people.
5)Defines "targeted at" as directed at or toward the deceased
person or the attendees of a funeral.
6)States that the provisions of this section are severable, so
that if any provision of this section or its application is
held invalid, that invalidity will not affect other provisions
or applications that can be given effect without the invalid
provision or application.
7)States that it is generally recognized that families have a
compelling interest in organizing and attending funeral for
deceased relatives.
8)Recognizes that the interests of families in privately and
peacefully mourning the loss of a deceased relative are
violated when funerals are disrupted by picketing.
9)States that picketing funerals causes emotional disturbance
and distress to grieving families who participate in funerals.
10)States that full opportunity exists for the exercise of
freedom of speech and other constitutional rights at times
other than within one hour prior to or during a funeral and
one hour following the conclusion of a funeral.
11)States that the purpose of this act is to protect the privacy
of grieving families and to preserve the peaceful character of
cemeteries, mortuaries, and places of worship during the time
one hour before and one hour after a funeral.
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12)States that by restricting application of this act to speech
that is targeted at a funeral, the Legislature intends to
limit the amount of speech that is subject to the act and to
make it narrowly tailored as possible while furthering the
purpose of the act.
13)States that "funeral" does not mean any non-burial or
non-cremation activities, businesses, or services.
EXISTING LAW :
1)States that Congress shall make no law abridging the freedom
of speech or the right of the people to peaceably assemble.
2)Prohibits the passage of any law which restrains or abridges
the liberty of speech.
3)Prohibits any demonstration at a cemetery under the control of
the National Cemetery Administration or at Arlington National
Cemetery unless the demonstration has been approved by the
cemetery superintendent or the director of the property on
which the cemetery is located. Existing law provides that a
violation of this act is punishable by a fine, imprisonment
not to exceed one year, or by both fine and imprisonment.
4)States that any person is guilty of a crime and punishable by
imprisonment in the state prison or by imprisonment in a
county jail for not exceeding one year, who maliciously does
any of the following:
a) Destroys, cuts, mutilates, effaces, or otherwise
injures, tears down, or removes any tomb, monument,
memorial, or marker in a cemetery, or any gate, door,
fence, wall, post or railing, or any enclosure for the
protection of a cemetery or mortuary or any property in a
cemetery or mortuary;
b) Obliterates any grave, vault, niche, or crypt;
c) Destroys, cuts, breaks or injures any mortuary building
or any building, statuary, or ornamentation within the
limits of a cemetery; or,
d) Disturbs, obstructs, detains or interferes with any
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person carrying or accompanying human remains to a cemetery
or funeral establishment, or engaged in a funeral service,
or an interment.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, unknown, likely minor, nonreimbursable local law
enforcement and incarceration costs, offset to a degree by
increased fine revenue.
COMMENTS : According to the author, "While the picketing and
protesting of funerals remains a relatively rare occurrence, one
particular organization has become notorious for their
homophobic and incendiary signs. This organization has not
limited their actions to individuals who are believed to be
homosexual but have also included fallen military soldiers and
federal judges. A U.S. Supreme Court cased ruled that the
family of a deceased service member could not seek damages
against this organization and the court determined that the
protesters had a fundamental first amendment right to be there.
"This case was Snyder v. Phelps and is the genesis for SB 661.
In the court's discussion on how they came to this decision, the
U.S. Supreme Court discussed how the picketing/protesting was
conducted. Specifically, that the organization was on public
land, 1,000 feet away from the funeral, and was not audible or
disruptive to the funeral service. The Snyder decision further
upheld that the federal and state governments can continue to
impose time, place, and manner restrictions on First Amendment
speech.
"SB 661 is not designed at any specific group, content or
message and is based upon the constitutionally-sanctioned time,
place and manner limitations. Over 40 other states and the
federal government place reasonable restrictions on funeral
protests and picketing and the Snyder decision reaffirmed the
government's ability to place reasonable limitations on speech.
SB 661 creates this same reasonable limitation on speech to
protect grieving families from disruptive protests while
carefully balancing the constitutionally protected right of free
speech."
Please see the policy committee analysis for a full discussion
of this bill.
SB 661
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Analysis Prepared by : Milena Blake / PUB. S. / (916) 319-3744
FN: 0004741