State v. Hubbard
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The Supreme Court held that the application of "Sierah's Law," Ohio Rev. Code 2903.41 through 2903.44, to conduct that occurred prior to its effective date, does not violate the Retroactivity Clause of Ohio Const. art. II, 28.
Seirah's Law presumptively requires offenders who are convicted of certain crimes to enroll in Ohio's "Violent Offender Database" for a period of ten years and presumptively requires an offender to enroll if he was convicted of any of those offenses or was serving a termination of confinement for the offense on or after the provisions' effective date. The court of appeals in this case determined that Sierah's Law does not affect a substantive right because it does not "impose a new burden in the constitutional sense" and therefore may be applied to conduct that occurred prior to its effective date. The Supreme Court affirmed, holding that the application of Sierah's Law to violent offenders who committed their offenses prior to its effective date does not violate the Retroactivity Clause of the Ohio Constitution.
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