Bill to criminalize possession of graffiti tools advances to final reading

SALT LAKE CITY — Despite concerns that legislation criminalizing the possession of graffiti tools would infringe on personal liberties, the Senate gave preliminary approval to SB107 Wednesday.

The bill, sponsored by Sen. Karen Mayne, D-West Valley City, would make the possession of spray paint, markers and other tools of taggers a class B misdemeanor.

"It has attracted national attention. That tells me we're on the right track," said Mayne, speaking on the Senate floor.

Tuesday, the activist cyber group that calls itself Anonymous hacked into the Salt Lake City Police Department website to protest the bill. The hacking resulted in a temporary shutdown of the site. On Wednesday, Salt Lake police advised anyone who submitted complaints online about drug crimes to change their passwords as a precaution. Investigators discovered the hackers accessed those complaints, which included phone numbers, email addresses and other personal information.

The group's statement, posted on its website, said Mayne has watched the Tom Cruise movie "Minority Report" too many times. In the film, people are punished before they commit crimes. "A law prohibiting ownership and use of purchased products based on suspected intent?" the statement read.

Mayne said people in law enforcement and prosecutors support the bill. "There's not one entity that does not support this bill," she said.

But some senators spoke against the measure. Sen. Casey Anderson, R-Cedar City, said the bill was well intended. "At the same time, it is concerning to me we are eliminating the opportunity for an individual to do the right thing," he said, explaining that someone might purchase graffiti tools then decide not to use them for illegal purposes.

"I don't think we criminalize people simply for their intent instead of their actions."

Sen. Stephen Urquhart, R-St. George, said SB107 "goes too far."

While he acknowledged the challenges police encounter, he planned to vote against the bill. "We can cut out so much crime … if we know who the criminals are and round them up."

Such a practice would "happen at the expense of liberty, the expense of society."

But Mayne, addressing the Senate during the bill's second reading, said community leaders are asking for help with a vexing problem.

"It's a real issue. It's a costly issue for constituents and our citizens in the United States," she said.