New York A 9256: Creates the offense of unlawful funeral protest

Bill Text

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A09256 Summary:

BILL NOA09256 

&nbsp

SAME ASNo Same As

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SPONSORDiPietro

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COSPNSR

&nbsp

MLTSPNSR

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Add §240.12, Pen L

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Makes it unlawful to engage protest activities within one thousand feet of any location at which a funeral is being held.

Go to top A09256 Actions:

BILL NOA09256 

&nbsp

11/21/2025referred to codes

01/07/2026referred to codes

Go to topA09256 Committee&nbspVotes:

Go to topA09256 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA09256 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 9256

 2025-2026 Regular Sessions

 IN ASSEMBLY

 November 21, 2025
 ___________

 Introduced by M. of A. DiPIETRO -- read once and referred to the Commit-
 tee on Codes

 AN ACT to amend the penal law, in relation to creating the offense of
 unlawful funeral protest

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. The penal law is amended by adding a new section 240.12 to
 2 read as follows:
 3 § 240.12 Unlawful funeral protest.
 4 1. A person is guilty of unlawful funeral protest when such person
 5 engages in protest activities at any location at which a funeral is
 6 held, within one hour prior to the commencement of any funeral, and
 7 until one hour following the cessation of any funeral, if such protest
 8 activities:
 9 (a) take place within one thousand feet of a road, pathway, or other
 10 route of ingress to or egress from cemetery property and include, as
 11 part of such activities, any individual willfully making or assisting in
 12 the making of any noise or diversion that disturbs or tends to disturb
 13 the peace or good order of the funeral, memorial service, or ceremony;
 14 or
 15 (b) are within one thousand feet of such cemetery and impede the
 16 access to or egress from such cemetery.
 17 2. As used in this section:
 18 (a) "funeral" means the ceremonies, processions, and memorial services
 19 held in connection with the burial or cremation of the dead; and
 20 (b) "protest activities" means:
 21 (1) any picketing or similar conduct;
 22 (2) any oration, speech or use of sound amplification equipment or
 23 device or similar conduct that is not part of a commemorative service;
 24 (3) the display of any placard, sign, banner, flag or similar device,
 25 unless such display is part of a commemorative service; and

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD13454-01-5

 A. 9256 2

 1 (4) the distribution of any handbill, pamphlet, leaflet or other writ-
 2 ten or printed matter, other than a program distributed as part of a
 3 commemorative service.
 4 3. Each day on which a violation of this section occurs shall consti-
 5 tute a separate offense.
 6 Unlawful funeral protest is a class B misdemeanor, unless committed by
 7 a person who has previously pled guilty to or been found guilty of a
 8 violation of this section, in which case the violation is a class A
 9 misdemeanor.
 10 § 2. This act shall take effect on the first of November next succeed-
 11 ing the date upon which it shall have become a law.

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