May State Law Barring Sex Offenders’ Residency Near School Be Applied Retroactively?
Francis Hyle, Green Township Law Director, et al. v. Gerry R. Porter, Jr., Case no. 2006-2187 1st District Court of Appeals (Hamilton County) ISSUE: May a state law that prohibits sexually oriented offenders from living within 1,000 feet of a school be enforced retroactively against an offender who committed his offense and bought a home within 1,000 feet of a school prior to the effective date of the law imposing the residency restriction? BACKGROUND: R.C. 2950.031, which took effect July 31, 2003, prohibits certain sexually oriented offenders from “establishing a residence or occupying residential premises” that are within 1,000 feet of any school property. This case asks the Supreme Court to determine whether applying that law to require a registered sex offender to move out of a home that he purchased and lived in prior to the effective date of the statute violates a prohibition in the Ohio Constitution against the enactment of retroactive laws that impair a citizen’s exercise of a
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