In re Bruce S.
2011 Ohio 6634
| Ohio Ct. App. | 2011Background
- Bruce S. admitted delinquency for an act on September 1, 2007 that, if by an adult, would be rape.
- The juvenile court classified Bruce S. as a Tier III sex offender under Senate Bill 10 (SB10) with community notification.
- The court initially had no discretion under prior reasoning and Arnold’s interpretation; appellate reversal found discretion to classify at Tier I–III.
- A new classification hearing on May 19, 2010 again ordered Tier III with community notification; trial court adopted the magistrate’s decision.
- Ohio Supreme Court in Williams held SB10 could not be retroactively applied to offenses committed before SB10’s enactment.
- SB10 was enacted June 27, 2007; its relevant provisions became effective January 1, 2008, replacing Megan’s Law.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| May SB10 be applied retroactively to Bruce S.? | Bruce S. argues Williams bars retroactive SB10 application. | Bruce S. contends SB10 applies to classifications after effective date, not to pre-enactment offenses. | SB10 cannot be applied to offenses committed before its effective date. |
| Was Tier III classification proper given retroactivity holding? | State contends SB10 mandates Tier III classification. | Bruce S. asserts Megan’s Law governs for offenses before SB10; discretionary classification is allowed. | Classification under SB10 is improper; remand for Megan’s Law classification. |
| What is the effect of the Williams decision on this case? | State relies on SB10 provisions as applied to juveniles. | Bruce S. relies on Williams to bar retroactive application. | Court adopts Williams-based retroactivity analysis and remands. |
Key Cases Cited
- State v. Williams, 129 Ohio St.3d 344 (2011-Ohio-3374) (retroactivity limits SB10 for pre-enactment offenses)
- Cox v. Ohio Dept. of Transp., 67 Ohio St.2d 501 (1981) (repealing clause interpretation to prevent hiatus in law)
- State v. Brown, 2009-Ohio-127 (8th Dist.) (prior Megan’s Law framework; SB10 effective after Jan 1, 2008)
- In re Carr, 2008-Ohio-5689 (5th Dist.) (pre-SB10 regime; transitional classifications)
- In re Marcio A., 2008-Ohio-4523 (5th Dist.) (transitional application of sex-offender laws)
- In re Sexual Offender Classification Cases, 126 Ohio St.3d 322 (2010-Ohio-3753) (consolidated capstone on classification regimes)