21-4015a. Funeral privacy; unlawful acts; penalty.
21-4015a
21-4015a. Funeral privacy; unlawful acts;penalty.(a) This section shall be known and may be cited as the Kansasfuneral privacy act.
(b) The legislature finds that:
(1) Family members have a personal stake in honoring and mourning their deadand objecting to unwarranted public exploitation that, by intruding upon theirown grief, tends to degrade the rites and respect they seek to accord to thedeceased person who was once their own.
(2) The state has a substantial interest in protecting the legitimacy offunerals and ensuring freedom from disturbance.
(3) Due to the nature of funerals, the funeral attendees constitute acaptive audience.
(4) Full opportunity exists under the terms and provisions of this sectionfor the exercise of freedom of speech and other constitutional rights at timesother than within one hour prior to, the scheduledcommencement of a funeral, during a funeral, or within two hours following thecompletion of a funeral.
(c) The purposes of this section are to:
(1) Protect the privacy of grieving families; and
(2) preserve the substantial privacy interest infunerals.
(d) As used in this section:
(1) "Funeral" means the ceremonies, processions and memorial services heldin connection with the burial or cremation of a person.
(2) "Public demonstration" means:
(A) Any picketing or similar conduct, or
(B) any oration, speech, use of sound amplification equipment or device, orsimilar conduct that is not part of a funeral.
(e) It is unlawful for any person to:
(1) Engage in a public demonstrationat any public location within 150 feet of any entrance to anycemetery, church, mortuary or other location where afuneral is held or conducted, within one hour prior tothe scheduled commencement of a funeral, during a funeral or within two hoursfollowing the completion of a funeral;
(2) knowingly obstruct, hinder, impede or block another person's entry to orexit from a funeral; or
(3) knowingly impede vehicles which are part of a funeral procession.
(f) A violation of subsection (e) is a class B person misdemeanor. Eachday onwhich a violation of subsection (e) occurs shall constitute a separate offense.
(g) If any provision of this section or the application thereof to anyperson or circumstances is held invalid, the invalidity does not affect otherprovisions or applications of this section which can be given effect withoutthe invalid provisions or application. To this end the provisions of thissection are severable.
History: L. 2008, ch. 37, § 1; Apr. 10.