MI: Sex Offender Legislation Ex Post Facto: The History and Constitutionality of Michigan’s Sex Offenders Registration Act
MSORA has been amended many times since its enactment. Over the last
twenty–five years, changes to the statute have generally made compliance more
difficult until the Sixth Circuit invalidated the entire statute under federal law. A
subsequent Michigan Supreme Court decision also nullified the statute on state law
grounds. Amendments enacted after the Sixth Circuit’s decision vastly reduced the
obligations and restrictions imposed on sex offenders by MSORA, and courts treat
the amended statute as a “new” law. Though the constitutionality of the new statute
is unclear, a close examination of the statute’s history and past decisions concerning
challenges to it, some conclusions can be drawn
Thank you, Journal of Legislation, and congratulations Alexander Furtaw!
Hello, I live in Michigan and am currently on the registry, I’m pre2006 and 2011 and technically I’m pre 1995 convicted in 1992 before a registry ever existed. So can some one explain to me what this article says and actually means for us if anything at all. Thank you.
So basically in 37 pages he thinks that ligation will be needed to sort out new amendments since the new statute has the same issues as the old one. He believes Plaintiffs will win the first amendment issues with anonymous speech on internet and legislators should review current issues before more legislation is passed instead of after to stop more exposed facto lawsuits.
I know of an unusual case in Michigan where there was a child victim but the female defendant was convicted under the old anti-lesbianism statute rather than the CSC statute. This was in 2004 after that law should’ve been inoperative. She’d have a great case for having the whole conviction thrown out, not to speak of the registration requirement, if there was an attorney willing to work with her.
Don’t these ‘lack-luster’ politicians have something better to do? What some people will do to justify their existence!
“… Sixth Circuit’s decision vastly reduced the
obligations and restrictions…”
Really? All the legislature did was remove the safety zone restrictions for those of us convicted prior to that amendment being enacted. That did not “vastly reduce” anything. I’m in Oakland County Michigan, and I’m still being subjected to ex post facto violations, having been convicted in 1993 before a registry was ever created here.
The Sixth Circuit needs to lay the gauntlet down on the State again and order them to stop violating our Constitutional rights or abolish the registry altogether.