SB107- Possession of Graffiti Paraphernalia - by Jennica Trujillo

Senator Karen Mayne presented “Possession of Graffiti Paraphernalia” (S.B. 107), which was defeated. This bill tried to prevent almost anyone from owning anything that could be considered graffiti paraphernalia, these items include: spray-paint cans, paint markers, or various types of other markers. Anyone who owns any instruments capable of making graffiti of any kind is at risk of obtaining a class "B" misdemeanor.

Senator Mayne, the sponsor of this bill, said that “[the] burden of proof is on the police.”

What she meant by this is that it would be up to the police officers to determine and prove whether or not the suspect who owns the spray-paints cans or markers is actually engaging or will engage in graffiti making. This bill would have punished the intent to commit a crime, regardless of whether a crime had actually been committed.

If the burden of proof is on the police, does that mean officers could have assumed anyone who owns a spray-paint can or paint markers is guilty and should automatically receive a class "B" misdemeanor? One should not be able to punish a person until he/she actually commits a crime.

For example, although someone may really want a new pair of shoes he or she cannot afford, he or she cannot get charged with theft until he or she physically takes them from the store.

If this bill had been put into action it may have led to a rise to racial profiling in our state as well. For example, take the story of my fellow West High School student, Kaleb Winston.

During a gang sweep at West High School on December 16, 2011, Kaleb was questioned by police officer if he was participating in any gang activity. He denied the accusations, and the police officer questioned him about the graffiti-patterned backpack he wore and asked to search his bag. They found paint markers in the bag, and some teachers had given the police officer information that he had been tagging the moniker “Maze” around the school. They then photographed him holding a sign that said “My name is Kaleb Winston and I am a gang tagger.”

His parents were outraged, and claimed the police had broken a law by photographing the boy without his parent’s permission. They also contacted the National Association for the Advancement of Colored People (NAACP) because they believe the police targeted Kaleb simply because he is black. It was later proved that the paint markers found in his backpack had been used for an assignment in his art class and the "tags" on his backpack were actually the design printed by the backpack manufacturer. Kaleb was just one of the many kids that were questioned that day at the school, though no other names have been released.

These are some of the many reasons that S.B. 107 was just not a very good piece of legislation. We are very lucky it did not pass, or we may have faced with more situations like Kaleb Winston’s in the future.