There is a lot of buzz about H.B. 86. Word of H.B. 86's passage is spreading through Ohio's prison population faster than water through a sieve. But before inmates get too excited, the tough reality is that "A statute is presumed to be prospective in its operation unless expressly made retrospective." R.C. 1.48. The General Assembly has "no power to pass retroactive laws." Section 28, Article II, of the Ohio Constitution. And if a punishment is reduced by amendment of a statute, the punishment shall be imposed according to the statute as amended IF THE PUNISHMENT HAS NOT ALREADY BEEN IMPOSED (if you were not already sentenced). R.C. 1.58. House Bill 86 does not expressly state that it is retrospective. In fact, Section 3 of H.B. 86 states that the amendments to 2925.03 (drug trafficking) applies to "a person who commits an offense involving ... cocaine ... on or after the effective date of this act and to a person to whom division (B) of section 1.58 of the Revised Code makes the amendments applicable." Section 3 also states that the 2925.03 which was "in existence prior to the effective date of this act shall apply to a person upon whom a court imposed sentence prior to the effective date of this act for an offense involving ... cocaine. The amendments to ... 2925.03 ... that are made in this act do not apply to a person upon whom a court imposed sentence prior to the effective date of this act for an offense involving ... cocaine."
If you are accused of a crime or have been convicted already, contact me if you can afford to hire a private criminal defense lawyer. Otherwise, contact your county or state public defender to see if they can help.
