Smith v. State
2012 La. LEXIS 107
La.2012Background
- Jimmy L. Smith, convicted in 1995 of indecent behavior with a juvenile and carnal knowledge of a juvenile, offenses classified as sex offenses under La.R.S. 15:542(E).
- At the time, Louisiana required a ten-year registration under La.R.S. 15:544(A) and did not require lifetime registration.
- 1999 amendment to former La.R.S. 15:542.1(H) created lifetime registration for those with a prior offense; Smith was still within initial ten-year period.
- First Circuit held the 1999 amendment did not apply to Smith because it targeted post-July 1, 1997 convictions.
- Louisiana Supreme Court reversed, holding the 1999 amendment applies to Smith as a multiple offender and extended his obligation to life.
- Court also held that regulations adding driver’s license/ID restriction codes and subsequent amendments are applicable to Smith without ex post facto violation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the 1999 amendment extends Smith’s registration period. | Smith argues the amendment does not apply to pre-1997 convictions. | State contends the amendment applies during the initial ten-year period. | Yes, 1999 amendment applies. |
| Whether Smith is a lifelong offender under the statute. | Smith challenges classification as a multiple offender. | State asserts two separate convictions justify lifetime registration. | Smith is a lifetime registrant as a multiple offender. |
| Whether a contradictory hearing was required to extend registration. | N/A | Under former law, no contradictory hearing required for lifetime as multiple offender. | Not required; extension arises under former 15:542.1. |
| Whether ex post facto limits apply to extended registration. | Ex post facto prohibits retroactive harsher penalties. | Registration is remedial/regulatory, not punitive. | No ex post facto violation; remedial regulatory scheme. |
Key Cases Cited
- Smith v. Doe, 538 U.S. 84 (U.S. 2002) (lifetime registration non-punitive; not violating ex post facto)
- State v. Shaw, 969 So.2d 1233 (La. 2007) (habitu al offender reasoning applies to multiple offenses)
- Olivieri, 779 So.2d 735 (La. 2001) (sex offender scheme remedial; not punitive; retroactive)