Hyle. Franklin Cty. Pros. Atty. v. Walker

In Hyle. Franklin Cty. Pros. Atty. v. Walker, 117 Ohio St.3d 537, 2008 Ohio 1589, 885 N.E.2d 241, the Court addressed a situation in which the prosecuting attorney sought an injunction against an individual who had been determined to be a sexual offender and had occupied a house (owned by his parents) within 1000 feet of a school prior to July 31, 2003. After being informed by the prosecuting attorney that he could no longer live in his parents' house, Walker moved into a different house on the same street, but still within 1000 feet of a school. The Court concluded that: (1) the provision in R.C. 2950.031 regarding the sexual offender determination evidenced an intention by the General Assembly that it apply to persons determined to be sexual offenders prior to July 31, 2003; (2) the provision regarding occupation of a residence within 1000 feet of a school was not being applied retroactively to Walker, because he moved to a different house that was still within 1000 feet of a school after July 31, 2003; (3) the provisions of R.C. 2950.031 were remedial in nature, and therefore could be applied retroactively to Walker without violating the constitution. Franklin County Prosecuting Atty. v. Walker, 10th Dist. No. 07AP-165, 2007 Ohio 5095, P17-21. The Court thus affirmed the trial court's injunction against Walker. Id. at P24.