CHAPTER 271

FORMERLY

HOUSE BILL NO. 371

AS AMENDED BY

HOUSE AMENDMENT NO. 1

AND

SENATE AMENDMENT NOS. 2 & 4

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO SPECIFIC OFFENSES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each house thereof concurring therein):

Section 1. Amend Chapter 13, Title 11 of the Delaware Code by adding a new Section to read as follows:

"§ 1303. Disorderly conduct; funeral or memorial service.

(1) A person shall not do any of the following within three hundred feet of the building or other location where a funeral or memorial service is being conducted, or within one thousand feet of a funeral procession or burial:

(a) Direct abusive epithets or make any threatening gesture which the person knows or reasonably should know is likely to provoke a violent reaction by another.

(b) Disturb or disrupt the funeral, memorial service, funeral procession, or burial by conduct intended to disturb or disrupt the funeral, memorial service, funeral procession or burial.

(2) This Section applies to conduct within one (1) hour preceding, during and within two (2) hours after a funeral, memorial service, funeral procession or burial.

(3) A person who commits a violation of this Section commits:

(a) A class A misdemeanor for a first offense.

(b) A class F felony for a second or subsequent offense.

(4) This section shall not preclude any county or municipality from legislating and enforcing its own more restrictive law in this regard.

Approved June 1, 2006