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House approves graffiti liability bill requiring cleanup, parental responsibility; 69‑0

Utah House of Representatives · January 16, 1992
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Summary

House Bill 85, creating civil and criminal liability for graffiti and authorizing restitution and possible parental responsibility for juveniles, passed the House 69‑0 after committee amendments and debate on enforcement limits and prevention strategies.

House Bill 85, a measure to impose civil and criminal liability for graffiti and to require remediation and restitution by offenders (and, in some cases, parental responsibility), passed the Utah House by a vote of 69‑0 and will be forwarded to the Senate.

Representative Ray Short described graffiti as more than a nuisance, asserting it serves as gang communication, can include "death threats" and imposes economic burdens. "This bill will put graffiti users under a criminal mischief or a criminal trespass part of the code," he said, and added that convicted individuals "will have to provide retribution for what they've done."

Representative John L. Valentine proposed an amendment intended to preserve parent‑responsibility language for juveniles adjudicated under specified juvenile code sections; the amendment was discussed and then withdrawn pending committee verification. Later, committee amendments were treated as friendly or incorporated; Representative Lewis and others briefly considered withdrawing their amendments for caution.

Supporters emphasized parental involvement and community cleanup; Representative Wharton related neighborhood fear and the social meaning of graffiti, while Representative Rushton and others urged the body to see this measure as one step among many including prevention programs and better policing.

The House opened and closed votes on HB85, recorded 69 affirmative votes and 0 negative votes. The bill, as amended, was forwarded to the Senate. The floor acknowledged students and school representatives who met with the committee and encouraged their recognition.

Next steps: HB85 will be transmitted to the Senate for further consideration.