76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 3527
A-Engrossed
House Bill 3241
Ordered by the House April 25
Including House Amendments dated April 25
Sponsored by Representatives SHEEHAN, WEIDNER; Representatives
BARKER, BARNHART, BENTZ, BERGER, BEYER, BOONE, BREWER, BUCKLEY,
CONGER, DEMBROW, DOHERTY, ESQUIVEL, FREEMAN, GARRETT, GILLIAM,
HARKER, HUFFMAN, HUNT, JENSON, JOHNSON, KENNEMER, KOMP,
KRIEGER, LINDSAY, MATTHEWS, MCLANE, NATHANSON, PARRISH, READ,
SCHAUFLER, THATCHER, THOMPSON, TOMEI, WHISNANT, WINGARD, WITT,
Senator EDWARDS
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
{ - Prohibits picketing of funeral service, burial service or
other memorial service and engaging in activities that are
disruptive of funeral service, burial service or other memorial
service within 300 feet of property line of residence, cemetery,
funeral home, church, synagogue or other establishment where
service is conducted. Provides that prohibition applies to
activities within one hour before service is conducted, during
service and within one hour after service is conducted. - }
{ - Punishes by maximum of 30 days' imprisonment, $1,250
fine, or both. - }
{ + Establishes process through which person may obtain
reservation through city or county to conduct funeral service on
public property. Specifies that person who refuses to leave
reserved area after having been requested to do so by holder of
reservation commits crime. Punishes by maximum of six months'
imprisonment, $2,500 fine, or both.
Creates crime of disrupting funeral service for person who,
with intent, commits certain acts within 1,000 feet of real
property on which service is being conducted. Punishes by maximum
of one year's imprisonment, $6,250 fine, or both. + }
A BILL FOR AN ACT
Relating to memorial services for deceased persons.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1) Any person proposing to conduct a funeral
service may reserve all or part of the public real property
within 400 feet of the property on which the service is to be
conducted for the purpose of processions, displays, presentations
and other activities in memory of the deceased person. A
reservation may be made under this section for more than one
place where services will be conducted for a deceased person.
(2) If a funeral service is conducted within the boundaries of
a city, a reservation under this section must be made with the
city. If a funeral service is conducted at a place that is not
within the boundaries of a city, a reservation under this section
must be made with the county. Cities and counties shall enter
into arrangements with funeral service practitioners that will
allow funeral service practitioners to take reservations and
collect any fee. The arrangements shall provide for notification
by a funeral service practitioner to the city or county of the
area reserved under this section.
(3) If a city or county imposes any fee for a reservation under
this section, the city or county shall provide for waiver or
reduction of the fee for funeral services conducted for decedents
who served in the Armed Forces.
(4) Except as provided in subsection (5) of this section, a
person who has reserved real property under this section may
exclude from the area identified in the reservation, during the
time specified in the reservation, any person who is not invited
by the person for the purpose of activities in memory of the
deceased person.
(5) A reservation made under this section does not authorize:
(a) Restrictions on normal transit through the specified area
by pedestrians and by automobiles, buses and other means of
transportation; or
(b) Restrictions on access to private property through the
specified area.
(6) Any person who refuses to leave a reserved area after
having been requested to do so by the person holding a
reservation made under this section commits a Class B
misdemeanor.
(7) As used in this section, 'funeral service' means a burial
or other memorial service for a deceased person that is conducted
in a residence, cemetery, funeral home, church, synagogue, mosque
or other similar location. + }
SECTION 2. { + Section 3 of this 2011 Act is added to and made
a part of ORS 166.005 to 166.095. + }
SECTION 3. { + (1) A person commits the crime of disrupting a
funeral service if, with intent to cause public inconvenience,
annoyance or alarm, or recklessly creating a risk thereof and
knowing that a funeral service is being conducted, the person,
within 1,000 feet of the real property on which the service is
being conducted:
(a) Engages in fighting or in violent, tumultuous or
threatening behavior;
(b) Makes unreasonable noise;
(c) Disturbs any lawful assembly of persons without lawful
authority;
(d) Obstructs vehicular or pedestrian traffic on a public way;
or
(e) Creates a hazardous or physically offensive condition by
any act that the person is not licensed or privileged to do.
(2) Disrupting a funeral service is a Class A misdemeanor.
(3) As used in this section, 'funeral service' means a burial
or other memorial service for a deceased person that is conducted
in a residence, cemetery, funeral home, church, synagogue, mosque
or other similar location. + }
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