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'there ar-e two types of constitutional challenges: (1) a facial challenge, which considers only the <br />text of the law and seeks to void the law as a whole; and (2) 2n as-applied challenge, which <br />considers the law's application to a particular challenger's facts. (Tobe v. Crty of Santa Ana <br />(1995) 9 Cal.4th 1069, 1084.) To defeat the entire law in a facial challenge, the challenger must <br />show it "inevitably pose[s] a present total and fatal conflict with applicable constitutional <br />prohibitions." (ibid.) For example, a particular offender may argue a law aimed at all sex <br />offenders - as opposed to a law tailored to sex offenders whose victims were children - is not <br />narrowly tailored. It seems unlikely, however, that a court would find the law totally conflicts with <br />constitutional principles, since many of the registered sex offenders committed crimes against <br />children. Furthermore, many offenders have both adult and child victims (e.g. Rodney Alcala as <br />further explained later) while others commit crimes which may lead to future victims (e.g. <br />indecent exposure defendants commit offenses in public places with children). Thus, the law <br />would not be constitutionally overbroad when applied to those offenders. <br />A particular offender could bring an as-applied constitutional challenge. Such a challenge <br />considers whether the law is being applied in a constitutionally impermissible manner. (Tobe v. <br />City of Santa Ana, supra, 9 Cal.4th 1069, 1084.) The court evaluates the propriety of the <br />application on a case-by-case basis to determine whether to relieve the defendant of the <br />sanction. (ibid.) This could preclude application of the relevant law to a particular sex offender, <br />but would not render the law constitutionally infirm as to others. <br />Retroactivity <br />In general, application of a law is retroactive only if it attaches new legal consequences to, or <br />increases a party's liability for, an event, transaction, or conduct that was completed before the <br />law's effective date. (1n re E.J., supra, 47 Cal.4th 1258, 1273.) Therefore, the critical question <br />for determining retroactivity usually is whether the last act or event necessary to trigger <br />application of the statute occurred before or after the statute's effective date. (/bid.) <br />In /n re E.J., supra, 47 Cal.4th 1258, the court indicated it may be impermissible to apply the <br />2,000-foot residency restriction to a sex offender who acquired housing before the law's <br />effective date. (/d. at pp. 1275-1276.) The offender would not have had notice of the restriction <br />before the conduct to which the law speaks occurred. (/d. at p. 1276, citing Doe v. <br />Schwarzenegger (E.D. Cal. 2007) 476 F.Supp.2d 1178, 1179, fn. 1 [residency restriction could <br />not be applied retroactively to persons paroled and released from prison prior to the law's <br />effective date]-) <br />For our purposes, the last act necessary to trigger application of child safety zone laws would <br />seem to be the offender's unlawful entry and/or loitering upon property within a protected zone. <br />Thus, application to all offenders would not seem to be impermissibly retroactive. <br />Ex Post Facto <br />An impermissible ex post facto law is one which makes more burdensome the punishment for a <br />crime after its commission. (!n re E.J., supra, 47 Cal.4th 1258, 1279.) Because the child safety <br />zone laws would not be applied retroactively, they would not raise ex post facto issues. (/n re <br />E,J, supra, 47 Cal. 4th 1258, 1279-1280 [ex post facto only applies to laws applied <br />retroactively]. ) <br />50A-7