State v. Bostic, 729 S.E.2d 835

This case presents two certified questions from the Circuit Court of Pleasants County, WV, challenging 1999 amendments to WV’s Sex Offender Registration Act as applied to the defendant.
The defendant pled guilty in 1997 to Sexual Abuse in the Second Degree under WV Code § 61-8B-8; a ten-year registration period applied at that time.
In 1999, the Legislature repealed the old act and added WV Code § 15-12-4, increasing some offenders’ registration to life based on factors including the victim’s age.
Defendant was notified in 1999 that the amendments could apply to him due to the victim being a minor, affecting his ongoing registration.
The circuit court certified two questions: (1) whether the 1999 amendments impair the pre-existing contract by increasing the registration period; (2) whether the executive-branch authority to increase registration without notice or a hearing violates separation of powers.
This Court answered the questions de novo, ultimately declining to answer the first question and ruling the second question did not violate separation of powers.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Impairment of contracts by retroactive life-registration	Bostic argues the 1999 amendments impair his 1997 plea contract.	Bostic contends the longer registration violates the bargain and contract protections.	First certified question declined to be answered; premise incorrect.
Separation of powers in increasing registration without due process	State Police’s automatic life-registration practice usurps judicial functions.	Executive implementation of law does not reclassify or reopen final judgments under WV law.	Second certified question answered in the negative; no separation-of-powers violation.

Hensler v. Cross, 210 W.Va. 530, 558 S.E.2d 330 (2001) (constitutional limits on legislative power; standard for certified questions)
State ex rel. Barker v. Manchin, 167 W.Va. 155, 279 S.E.2d 622 (1981) (separation of powers—strict construction required)
West Virginia Citizens Action Group v. West Virginia Economic Development Grant Committee, 213 W.Va. 255, 580 S.E.2d 869 (2003) (division of government powers; not allowing one branch to perform another’s duties)
Bodyke, 126 Ohio St.3d 266, 933 N.E.2d 753 (2010) (separation of powers in sex-offender reclassification; persuasive but distinguishable)
Lemmon v. Harris, 949 N.E.2d 803 (2011) (by-operation-of-law qualifications and judiciary role in classifications)
Bodyke (Ohio Supreme Court, cited as Bodyke), 933 N.E.2d 753 (2010) (reclassification concerns and severability of amended provisions)