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H0194......................................................by STATE AFFAIRS
DISTURBING THE PEACE - Amends existing law relating to disturbing the peace
to provide the misdemeanor penalty for maliciously and willfully disturbing
the dignity or reverential nature of any funeral, memorial service, funeral
process, burial ceremony or viewing of a deceased person.
02/14 House intro - 1st rdg - to printing
02/15 Rpt prt - to Jud
02/22 Rpt out - rec d/p - to 2nd rdg
02/23 2nd rdg - to 3rd rdg
02/27 3rd rdg - PASSED - 70-0-0
AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black,
Block, Bock, Boe, Bolz, Brackett, Bradford, Chadderdon, Chavez, Chew,
Clark, Collins, Crane, Durst, Edmunson, Eskridge, Hagedorn, Hart,
Harwood, Henbest, Henderson, Jaquet, Killen, King, Kren, Labrador,
Lake, LeFavour, Loertscher, Luker, Marriott, Mathews, McGeachin,
Mortimer, Moyle, Nielsen, Nonini, Pasley-Stuart, Patrick, Pence,
Raybould, Ring, Ringo, Roberts, Ruchti, Rusche, Sayler, Schaefer,
Shepherd(2), Shepherd(8), Shirley, Shively, Smith(30), Smith(24),
Snodgrass, Stevenson, Thayn, Trail, Vander Woude, Wills, Wood(27),
Wood(35), Mr. Speaker
NAYS -- None
Absent and excused -- None
Floor Sponsor - Bedke
Title apvd - to Senate
02/28 Senate intro - 1st rdg - to Jud
03/08 Rpt out - rec d/p - to 2nd rdg
03/09 2nd rdg - to 3rd rdg
03/14 3rd rdg - PASSED - 33-0-2
AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Cameron,
Coiner, Darrington, Davis, Fulcher, Gannon, Geddes, Goedde, Hammond,
Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge,
Malepeai, McGee, McKague, McKenzie, Pearce, Richardson, Schroeder,
Siddoway, Stegner, Stennett, Werk
NAYS -- None
Absent and excused -- Burkett, Corder
Floor Sponsors - Jorgenson & Lodge
Title apvd - to House
03/15 To enrol - Rpt enrol - Sp signed - Pres signed
03/16 To Governor
03/21 Governor signed
Session Law Chapter 130
Effective: 07/01/07
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature First Regular Session - 2007
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 194
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO DISTURBING THE PEACE; AMENDING SECTION 18-6409, IDAHO CODE, TO
3 PROVIDE THE MISDEMEANOR PENALTY FOR MALICIOUSLY AND WILLFULLY DISTURBING
4 THE DIGNITY OR REVERENTIAL NATURE OF ANY FUNERAL, MEMORIAL SERVICE,
5 FUNERAL PROCESS, BURIAL CEREMONY OR VIEWING OF A DECEASED PERSON AND TO
6 MAKE A TECHNICAL CORRECTION.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Section 18-6409, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 18-6409. DISTURBING THE PEACE. (1) Every person who maliciously and wil-
11 fully willfully disturbs the peace or quiet of any neighborhood, family or
12 person, by loud or unusual noise, or by tumultuous or offensive conduct, or by
13 threatening, traducing, quarreling, challenging to fight or fighting, or fires
14 any gun or pistol, or uses any vulgar, profane or indecent language within the
15 presence or hearing of children, in a loud and boisterous manner, is guilty of
16 a misdemeanor.
17 (2) Every person who maliciously and willfully disturbs the dignity or
18 reverential nature of any funeral, memorial service, funeral procession,
19 burial ceremony or viewing of a deceased person is guilty of a misdemeanor.
STATEMENT OF PURPOSE
RS 17011
The purpose of this legislation is to provide protection and
to clarify the right to privacy during our times of great
loss. This legislation provides for the safekeeping of the
dignity and reverential nature of any funeral, memorial
service, funeral procession, burial ceremony, or viewing of
a deceased person.
This legislation also provides for the families of military
members who have lost a loved one to be free from
disturbance at their time of great sorrow. Some across our
nation have determined themselves to disturb the peace and
quiet of funeral processions as a protest against war. This
legislation is an attempt to remedy these activities.
FISCAL IMPACT
There is no fiscal impact to the state.
Contact:
Name: Rep. Eric Anderson
Phone: (208)332-1000
Rep. Bob Nonini
Rep. Mike Moyle
Rep. Cliff Bayer
Rep. Clete Edmunson
Rep. George Eskridge
Rep. Mary Lou Shepherd
Sen. Shawn Keough
Sen. Joyce Broadsword
Sen. John McGee
STATEMENT OF PURPOSE/FISCAL NOTE H 194