Bottum v. Idaho State Police, Bureau of Criminal Identification Central Sex Offender Registry, 296 P.3d 388

Bottum was convicted in 1991 of lewd conduct with a minor and sentenced to ten years, with probation for five years ending in 1996.
In 1993, Idaho enacted a retroactive Sex Offender Registration Act applying to those on probation on July 1, 1993.
In 1998, the legislature repealed the registration act and enacted SORA, which was retroactive to offenders convicted before its enactment and under supervision on July 1, 1993.
Original 18-8310 allowed some offenders to petition for exemption from registration after ten years, excluding violent sexual predators.
In 2001, 18-8310 was amended to bar exemption for aggravated offenses if the victim was under 12.
In 2009, the definition of aggravated offense was broadened to include lewd conduct regardless of victim age; Bottum’s victim was not under 12, so he became ineligible to seek exemption.
Bottum filed a petition to be exempted from registration on June 15, 2011; the district court denied based on the then-current statute, and Bottum appealed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
retroactivity of the 2009 amendment to SORA	Bottum argues applying the 2009 amendment to him violates Idaho Code 73-101.	Respondent argues SORA is expressly retroactive and amendments to retroactive acts remain retroactive unless unconstitutional.	Retroactive under express retroactivity; district court proper

A & B Irr. Dist. v. Idaho Dept. of Water Res., 153 Idaho 500 (2012) (express retroactivity allows retroactive amendments if constitutional)