(WKBN) – The Ohio Supreme Court ruled Thursday that violent offenders who committed their crimes before a law went into effect stipulating that they must register as a violent offender will not be grandfathered and must also register.
Sierah’s Law creates a violent offender database and 10-year enrollment of certain violent offenders.
Offenders must register with their local sheriff’s department and re-enroll every year for ten years.
The court’s decision was divided on the issue when it comes to past offenders and if the registration mandate would be an additional punishment for older cases.
In the Court’s lead opinion, Justice Sharon L. Kennedy wrote that imposing the registration requirement is not an additional punishment or such a burden on a criminal offender that it can be considered a violation of the constitution. She noted that the Court has found more burdensome offender-registration requirements, such as sex-offender registration, to be constitutional when applied retroactively.
In a dissenting opinion, Justice Melody J. Stewart wrote the law effectively increases the punishment after the crimes had been committed and violates the constitutional prohibition on “ex post facto” laws.
Justices Patrick F. Fischer and R. Patrick DeWine joined Justice Kennedy’s opinion. Chief Justice Maureen O’Connor concurred in judgment only, while Justices Michael P. Donnelly and Jennifer Brunner joined Justice Stewart’s dissent.
Sierah’s Law took effect in March 2019. It applies to the following crimes:
- Agggravated murder
- Murder
- Voluntary manslaughter
- Kidnapping
- Aduction (as a 2nd dgree felony)
- Any attempt, conspriacy or complicity conviction for any of the above offenses
