2007 Legislation
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HOUSE BILL NO. 194 – Disturbing the peace, penalty

HOUSE BILL NO. 194

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Bill Status



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

Bill Text


                                                                        
                                                                        
  ]]]]              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 / Fiscal Impact


                              
                    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