GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2005
SENATE BILL 1833
RATIFIED BILL
AN ACT TO PROHIBIT DISORDERLY CONDUCT AT A military FUNERAL OR MEMORIAL SERVICE or any other funeral or memorial service.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 14‑288.4 reads as rewritten:
"§ 14‑288.4. Disorderly conduct.
(a) Disorderly conduct is a
public disturbance intentionally caused by any person who: who does
any of the following:
(1) Engages in fighting or
other violent conduct or in conduct creating the threat of imminent fighting or
other violence; or violence.
(2) Makes or uses any
utterance, gesture, display or abusive language which is intended and plainly
likely to provoke violent retaliation and thereby cause a breach of the peace;
or peace.
(3) Takes possession of,
exercises control over, or seizes any building or facility of any public or
private educational institution without the specific authority of the chief
administrative officer of the institution, or his authorized representative;
or representative.
(4) Refuses to vacate any
building or facility of any public or private educational institution in
obedience to: to any of the following:
a. An order of the chief
administrative officer of the institution, or his the officer's representative,
who shall include for colleges and universities the vice chancellor for student
affairs or his the vice-chancellor's equivalent for the
institution, the dean of students or his the dean's equivalent
for the institution, the director of the law enforcement or security department
for the institution, and the chief of the law enforcement or security
department for the institution; or institution.
b. An order given by any
fireman or public health officer acting within the scope of his authority;
orthe fireman's or officer's authority.
c. If a state of emergency
is occurring or is imminent within the institution, an order given by any law‑enforcement
officer acting within the scope of his authority; or the officer's authority.
(5) Shall, after being
forbidden to do so by the chief administrative officer, or his the
officer's authorized representative, of any public or private educational
institution:
a. Engage in any sitting, kneeling, lying down, or inclining so as to obstruct the ingress or egress of any person entitled to the use of any building or facility of the institution in its normal and intended use; or
b. Congregate, assemble,
form groups or formations (whether organized or not), block, or in any manner
otherwise interfere with the operation or functioning of any building or
facility of the institution so as to interfere with the customary or normal use
of the building or facility; orfacility.
(6) Disrupts, disturbs or
interferes with the teaching of students at any public or private educational
institution or engages in conduct which disturbs the peace, order or discipline
at any public or private educational institution or on the grounds adjacent thereto;
orthereto.
(6a) Engages in conduct which
disturbs the peace, order, or discipline on any public school bus or public
school activity bus; or bus.
(7) Disrupts,Except
as provided in subdivision (8) of this subsection, disrupts, disturbs, or
interferes with a religious service or assembly or engages in conduct which
disturbs the peace or order at any religious service or assembly.
(8) 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 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, including a military funeral or memorial service, is taking place. Any of the following conduct that occurs within one hour preceding, during, or within one hour after a funeral or memorial service shall constitute disorderly conduct under this subdivision:
a. Displaying, within 300 feet of the ceremonial site, location being used for 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 300 feet of the ceremonial site, location being used for the funeral or memorial service, or the family's processional route to the funeral or memorial service, loud, threatening, or abusive 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.
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 section the term "building or facility" includes the surrounding grounds and premises of any building or facility used in connection with the operation or functioning of such building or facility.
(b) Any Except as
provided in subsection (c) of this section, any person who willfully
engages in disorderly conduct is guilty of a Class 2 misdemeanor.
(c) A person who commits a violation of subdivision (8) of subsection (a) of this section is guilty of:
(1) A Class 2 misdemeanor for a first offense.
(2) A Class 1 misdemeanor for a second offense.
(3) A Class I felony for a third or subsequent offense."
SECTION 2. This act becomes effective December 1, 2006, and applies to offenses committed on or after that date.
In the General Assembly read three times and ratified this the 20th day of July, 2006.
_____________________________________
Beverly E. Perdue
President of the Senate
_____________________________________
James B. Black
Speaker of the House of Representatives
_____________________________________
Michael F. Easley
Governor
Approved __________.m. this ______________ day of ___________________, 2006