[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 4042 Enrolled Bill (ENR)]
S.4042
One Hundred Ninth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the third day of January, two thousand and six
An Act
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.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.