SENATE BILL No. 1228

 

 

April 25, 2006, Introduced by Senators TOY and GILBERT and referred to the Committee on Senior Citizens and Veterans Affairs.

 

 

 

     A bill to amend 1931 PA 328, entitled

 

"The Michigan penal code,"

 

by amending section 168 (MCL 750.168) and by adding section 167d.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 167d. (1) A person shall not do any of the following

 

within 500 feet of a building or other location where a funeral,

 

memorial service, or viewing of a deceased person is being

 

conducted or within 500 feet of a funeral procession or burial:

 

     (a) Make loud and raucous noise and continue to do so after

 

being asked to stop.

 

     (b) Make any statement or gesture that would make a reasonable

 

person under the circumstances feel intimidated, threatened, or

 

harassed.

 

     (c) Engage in any other conduct that the person knows or


 

should reasonably know will disturb, disrupt, or adversely affect

 

the funeral, memorial service, viewing of the deceased person,

 

funeral procession, or burial.

 

     (2) A person who violates subsection (1) is a disorderly

 

person and is guilty of a felony punishable as provided under

 

section 168.

 

     Sec. 168. (1)  Any  Except as provided in subsection (2), a

 

person convicted of being a disorderly person  shall be  is guilty

 

of a misdemeanor punishable by imprisonment for not more than 90

 

days or a fine of not more than $500.00, or both.

 

     (2) A person convicted of being a disorderly person under

 

section 167d is guilty of a felony punishable as follows:

 

     (a) Except as provided in subdivision (b), by imprisonment for

 

not more than 2 years or a fine of not more than $5,000.00, or

 

both.

 

     (b) If the person was previously convicted of violating

 

section 167d, by imprisonment for not more than 4 years or a fine

 

of not more than $10,000.00, or both.