H.B. 484

126th General Assembly

(As Introduced)

Reps. Boccieri, J. McGregor, Raussen, Hood, Healy, Wagoner, Seitz, Hughes, Widener, Chandler, D. Stewart, Carano, Harwood

BILL SUMMARY

· Prohibits picketing or other protest activities within 300 feet (1) of the site of a funeral or burial service during, within one hour before, and within one hour after the service and (2) of a funeral procession.

CONTENT AND OPERATION

Current law

Current law states that every citizen may freely speak, write, and publish his or her sentiments on all subjects, being responsible for the abuse of the right. But, it prohibits any person from picketing, and any association or corporation from causing to be picketed (1) any residence, cemetery, funeral home, church, synagogue or other establishment within one hour before or during the conducting of any actual funeral or burial service at that place and (2) any funeral procession. (R.C. 3767.30.) An association that violates either of these prohibitions is guilty of a misdemeanor of the fourth degree, and a natural person who does so is guilty of a misdemeanor of the third degree (R.C. 3767.99(B) and (C)--not in the bill).[1]

Changes proposed by the bill

The bill continues the statement that every citizen may freely speak, write, and publish sentiments on all subjects, being responsible for the abuse of the right. But, it modifies current law's two picketing-related prohibitions by instead prohibiting any person from picketing or engaging in other protest activities, and any association or corporation from causing picketing or other protest activities to occur, within 300 feet (1) of any residence, cemetery, funeral home, church, synagogue or other establishment within one hour before, within one hour after, or during the conducting of any actual funeral or burial service at that place and (2) of any funeral procession (R.C. 3767.30). As under current law, an association that violates either of the revised prohibitions is guilty of a misdemeanor of the fourth degree, and a natural person who does so is guilty of a misdemeanor of the third degree (R.C. 3767.99(B) and (C)--not in the bill).[2]

HISTORY

ACTION	DATE

Introduced	01-24-06

h0484-i-126.doc/kl

[1] Current law does not specify a penalty for a violation of either prohibition in R.C. 3767.30 by a corporation.

[2] Similar to current law, there would be no penalty under the bill for a corporation that violates either of the revised prohibitions.