MO- Making Sex Offender Registration Laws Retroactive

Here is a news item which will clearly be misconstrued by those who do not understand ex post facto clauses and state constitutional amendments. Apparently Missouri's current constitution prohibits RETROACTIVE application of both civil and criminal laws. The prohibition against ex post facto laws ONLY applies to criminal laws. i.e., laws that the intent of the legislature is to fet out punishment.

Accordingly, the Missouri legislature is going to propose a constitutional amendment to its voters to PERMIT RETROACTIVE application of its civil laws (or at least the registry law), which is perfectly legal. Now, since registry laws have been deemed to be civil laws, not criminal laws, then once the constitutional amendment is passed they can apply the registry laws to those before xx date which they chose. This is exactly what Hawaii did and it was deemed constitutional.

However, there would still be an issue as to the loss of a protection of a prior law, that could be raised by some folks on the registry (those before the xx date) but someone would have to bring that issue to court to get relief, if possible.

4-30-2008 Missouri:

JEFFERSON CITY, MO (2008-04-30) Missouri's House Crime Prevention Committee heard a proposed constitutional amendment that would allow the retrospective application of sex offender registration laws.

If the amendment were to get on the Missouri ballot, voters would either adopt or reject the law that could force more sex offenders to register even if they were convicted prior to the adoption of the registration requirement.

Southeast Missouri Republican Senator Jason Crowell is sponsoring the constitutional amendment.

"If we are going to have a sex offender's registration list, all sex offenders will be on that list. Not just those who commit their offense post 1995."

Any law restricting sex offenders from residing near a school or child-care facility would be applied retrospectively.

The amendment would also allow the continuation of the DNA analysis collection of felons regardless of when the felony was committed. ..more.. by Erika Navarrete