The failed legislation would have enhanced by one step the penalty for crimes based on bias or prejudice due to perceived or actual attributes, including race, color, disability, religion, sexual orientation, national origin, ancestry, age or gender. For example, a class A misdemeanor would be prosecuted as a third-degree felony.

The floods of e-mails and phone calls representatives reported show there is public interest in the bill. However, many members of the House Law Enforcement and Criminal Justice Standing Committee said the majority of comments — on both sides — appeared to come from special interest groups, not their own constituents.

Rep. Wayne Harper, R-West Jordan, who voted against the bill in committee, said he'd be willing to discuss hate-crimes or any other issue with his constituents. "I give great credence to what my constituents say," he said. "On this issue my constituents were heavily opposed to it."

Rep. David Litvack, D-Salt Lake, has sponsored the bill since 2001, after the late Sen. Pete Suazo, D-Salt Lake, who had carried the bill since 1997, passed away.

Litvack said law enforcement officers have said the existing hate-crimes law, passed in 1991, is unenforceable because it doesn't define protected categories.

Still, Litvack said it would be unfortunate to send a message to voters that "if you want us to do what you want, take it to a vote."

"I would hope as elected officials, we would not require voters to put this issue to a vote," Litvack said. "We have a responsibility to represent them."

A resolution passed by Sandy city leaders Tuesday night gives James hope that her quest for tolerance has not gone unnoticed. The city's "Resolution Calling for Respect & Tolerance" specifically mentions the racist fliers placed on James' door and calls for the city to reaffirm its commitment to "be a place of tranquillity, peace and respect."

"Sandy has taken a better stance than some of the people in our Capitol," James said. "At least they're making an effort. It's not going to make a change, but it's a positive step."

Sandy city spokesman Ryan Mecham said the Sandy Police Department has also kept a close watch on James' house and will soon be installing a phone recording system to trace harassing calls.

"This is to send a message that tolerance and respect is what our community stands for," Mecham said.

Sandy's resolution does not create any new sanctions for hate crimes, but James said she's hopeful the action will keep hate crimes in the public eye so the issue doesn't disappear before the next legislative session.

"Why do we have to get to the point where somebody's life has to be taken to pass a bill?" James said. "Why does my 14-year-old daughter's image of 'we are all created equal' have to be destroyed? Without this bill, we're basically saying go ahead."

James said she doesn't want sympathy. "I want them to send a message that in this state this is not acceptable."

The Utah League of Women Voters is considering doing a study on hate crimes this year, said executive director Sandy Peck.

Peck said she's talked with Jeanetta Williams, president of the Salt Lake Branch NAACP, about the initiative idea but said it's premature to say the organization would sign on to a petition.

---

E-mail: dbulkeley@desnews.com;

estewart@desnews.com