South Carolina H 3032: Disrupting a religious service or funeral
Status: Referred to Committee on Judiciary (as of 2025-01-14)
State: South Carolina · Session: 2025-2026 · Bill: H 3032
Sponsors: Chumley, Hewitt, McCravy
Bill Text
2025-2026 Bill 3032 Text of Previous Version (Dec. 06, 2024) - South Carolina Legislature Online South Carolina General Assembly 126th Session, 2025-2026 Bill 3032 Indicates Matter Stricken Indicates New Matter (Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.) A bill TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 16-17-530, RELATING TO PUBLIC DISORDERLY CONDUCT, SO AS TO RESTRUCTURE THE OFFENSE TO INCLUDE DISRUPTING OR DISTURBING A RELIGIOUS SERVICE OR FUNERAL IN THE PURVIEW OF THE STATUTE AND TO PROVIDE GRADUATED PENALTIES FOR A VIOLATION OF A DISORDERLY CONDUCT OFFENSE; AND BY REPEALING SECTIONs 16-17-520 AND 16-17-525 RELATING TO DISTURBING RELIGIOUS SERVICES AND FUNERALS, RESPECTIVELY. Be it enacted by the General Assembly of the State of South Carolina: SECTION 1. Section 16-17-530 of the S.C. Code is amended to read: Section 16-17-530. (A) A person who is: (1) found on any highway or at any public place or public gathering in a grossly intoxicated condition or otherwise conducts himself in a disorderly or boisterous manner; (2) uses obscene or profane language on any highway or at any public place or gathering or in hearing distance of any schoolhouse or church; or (3) while under the influence or feigning to be under the influence of intoxicating liquor, without just cause or excuse, discharges any gun, pistol, or other firearm while upon or within fifty yards of any public road or highway, except upon his own premises, is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or be imprisoned for not more than thirty days. However, conditional discharge may be granted by the court in accordance with the provisions of this section upon approval by the circuit solicitor. As used in this section, "disorderly conduct" means a public disturbance intentionally caused by a person who: (1) is in a grossly intoxicated condition on any highway or at any public place or public gathering; (2) engages in fighting or other violent conduct or engages in conduct threatening imminent fighting or other violence; (3) makes any utterance, gesture, or display, or uses abusive, obscene, or profane language which is intended and plainly likely to provoke violent retaliation and cause a breach of the peace; (4) except as provided in item (5), disrupts, disturbs, or interferes with a religious service, assembly, or gathering or engages in conduct which disturbs the peace or order at any religious service, assembly, or gathering including any of the facilities or buildings where a religious service, assembly, or gathering takes place; or (5) engages in conduct with the intent to impede, disrupt, disturb, or interfere with the orderly administration of any funeral, memorial service, or family processional to the funeral or memorial service including, but not limited to, a military funeral, service, or family processional, or with the normal activities and functions occurring in the facilities or buildings where a funeral or memorial service is taking place. The following conduct that occurs within two hours preceding, during, or within two hours after a funeral or memorial service constitutes disorderly conduct pursuant to the provisions of this item: (a) displaying, within five hundred feet of the ceremonial site, location of the funeral or memorial, or the family's processional route to the funeral or memorial service, any visual image that conveys fighting words or actual or imminent threats of harm directed to any person or property associated with the funeral, memorial service, or processional route; (b) uttering, within five hundred feet of the ceremonial site, location of the funeral or memorial service, or the family's processional route to the funeral or memorial service, loud, threatening, or abusive, obscene, or profane language or singing, chanting, whistling, or yelling with or without noise amplification in a manner that would tend to impede, disrupt, disturb, or interfere with a funeral, memorial service, or processional route; or (c) attempting to block or blocking pedestrian or vehicular access to the ceremonial site or location being used for a funeral or memorial. As used in this subsection, the term "facilities or buildings" includes the surrounding grounds, premises, or other property of a building or facility used in connection with the operation or functioning of the facilities or buildings. (B) A person who violates the provisions of this section commits the offense of disorderly conduct and: (1) for a first offense, is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than ninety days; (2) for a second offense, is guilty of misdemeanor and, upon conviction, must be fined not more than three thousand dollars or imprisoned not more than three ye
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