Martinez v. Com., No. 2000-SC-1135-TG.

CourtUnited States State Supreme Court (Kentucky)
Writing for the CourtWintersheimer
Citation72 S.W.3d 581
PartiesMichael J. MARTINEZ, Appellant, v. COMMONWEALTH of Kentucky, Appellee.
Decision Date21 February 2002
Docket NumberNo. 2000-SC-1135-TG.
72 S.W.3d 581
Michael J. MARTINEZ, Appellant,
v.
COMMONWEALTH of Kentucky, Appellee.
No. 2000-SC-1135-TG.
Supreme Court of Kentucky.
February 21, 2002.

[72 S.W.3d 582]

J. David Niehaus, Deputy Appellate Defender, Louisville, Daniel T. Goyette, Jefferson District Public Defender, Counsel for Appellant.

Albert B. Chandler III, Attorney General, Anitria M. Franklin, Assistant Attorney General, Frankfort, Counsel for Appellee.

WINTERSHEIMER, Justice.


This appeal is from a final judgment of the Jefferson Circuit Court which required Martinez who had been found guilty of third-degree rape and two counts of third-degree sodomy to register with the local probation and parole office as a sex offender for a period of ten years.

72 S.W.3d 583

Originally, Martinez was indicted for incest. This charge was disposed of by a plea bargain in which he pled guilty to third-degree rape and third-degree sodomy on February 29, 2000. The trial judge imposed an agreed upon five-year sentence. However, the judge then entered a second judgment captioned "Judgment of Registration Designation" on the same date in which the judge determined that Martinez was a sex offender who had committed a sex crime, and therefore was required to register with local authorities for a period of ten years after his release from incarceration.

The issue in this case is whether Martinez is subject to any version of the Kentucky Registration and Notification Statutes for Sex Offenders. KRS 17.500, et seq.

Under the original 1994 version, only those persons convicted of a qualifying offense after July 15, 1994 were required to register and the registration information was not released to the public. 1994 Ky. Acts, Ch. 392. In 1998, the law was changed so as to provide that one determined to be a sex offender was required to register after a hearing by the sentencing court to determine the offender's risk level. Low and moderate risk offenders were required to register for ten years. High risk offenders were required to register for life. The 1998 statute also provided for disclosure of the registration information to certain members of the public. 1998 Ky. Acts, Ch. 606.

The 2000 version of the statute changes the manner in which registration is made available to the public. Martinez claims that although he would have been required to register for ten years under the 1998 version of the statute, his information would not have been disclosed to the general public. Under the 2000 version of the statute he complains his registration information is made available to the world at large by means of the Internet and a toll-free telephone number. 2000 Ky. Acts, Ch. 401.

Martinez presents a number of other arguments. He questions whether the 2000 Ky. Acts, Ch. 401 complies with the requirements of Section 47 and 51 of the Kentucky Constitution. He argues that the statutory scheme is a revenue raising bill because it was enacted in order to obtain federal money; that the legislation did not originate in the House of Representatives and that Section 47 clearly prohibits passage of any bill for raising revenues which does not originate there. Martinez contends that the system violates Section 51 because the title misrepresents and misleads as to what the legislation concerns. He asserts that the application of the statutes violates his protection against double jeopardy and ex post facto laws. Further, he claims that his right to privacy and liberty cannot be infringed upon in the absence of a showing that his enjoyment of these rights will directly injure society.

The Commonwealth presents a response which may be summarized as a general disagreement with the arguments presented by Martinez. The Commonwealth argues that the law does not offend Sections 47...

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25 practice notes
  • Dunlap v. Commonwealth, 2010-SC-000226-MR
    • United States
    • United States State Supreme Court (Kentucky)
    • June 20, 2013
    ...been held that a statute enacted by the General Assembly carries a strong presumption of constitutionality. Martinez v. Commonwealth, 72 S.W.3d 581, 584 (Ky. 2002). A statute will not be invalidated as unconstitutional unless it clearly, unequivocally, and completely violates provisions of ......
  • Dunlap v. Commonwealth, No. 2010–SC–000226–MR.
    • United States
    • United States State Supreme Court (Kentucky)
    • February 20, 2014
    ...been held that a statute enacted by the General Assembly carries a strong presumption of constitutionality. Martinez v. Commonwealth, 72 S.W.3d 581, 584 (Ky.2002). A statute will not be invalidated as unconstitutional unless it clearly, unequivocally, and completely violates provisions of t......
  • Wilfong v. Com., No. 2002-CA-000535-MR.
    • United States
    • United States State Supreme Court (Kentucky)
    • November 16, 2005
    ...Rules of Civil Procedure (CR) 24.03 and KRS 418.075(1), but the Attorney General declined to respond. 6. Martinez v. Commonwealth, Ky., 72 S.W.3d 581, 584 (2002). 7. Cornelison v. Commonwealth, Ky., 52 S.W.3d 570, 572 (2001). 8. Cornelison, 52 S.W.3d at 572-73 (quoting Stephens v. State Far......
  • Board of Trustees v. Atty. Gen. of Com., No. 2002-SC-0699-DG.
    • United States
    • United States State Supreme Court (Kentucky)
    • October 23, 2003
    ...Kentucky Constitution were so concerned about surreptitious legislation that they enacted Section 51. See Martinez v. Commonwealth, Ky., 72 S.W.3d 581, 584 (2002) (the purpose of Section 51 "is to prevent surreptitious legislation, and to prevent surprise and fraud upon the members of the G......
  • Request a trial to view additional results
25 cases
  • Dunlap v. Commonwealth, 2010-SC-000226-MR
    • United States
    • United States State Supreme Court (Kentucky)
    • June 20, 2013
    ...been held that a statute enacted by the General Assembly carries a strong presumption of constitutionality. Martinez v. Commonwealth, 72 S.W.3d 581, 584 (Ky. 2002). A statute will not be invalidated as unconstitutional unless it clearly, unequivocally, and completely violates provisions of ......
  • Dunlap v. Commonwealth, No. 2010–SC–000226–MR.
    • United States
    • United States State Supreme Court (Kentucky)
    • February 20, 2014
    ...been held that a statute enacted by the General Assembly carries a strong presumption of constitutionality. Martinez v. Commonwealth, 72 S.W.3d 581, 584 (Ky.2002). A statute will not be invalidated as unconstitutional unless it clearly, unequivocally, and completely violates provisions of t......
  • Wilfong v. Com., No. 2002-CA-000535-MR.
    • United States
    • United States State Supreme Court (Kentucky)
    • November 16, 2005
    ...Rules of Civil Procedure (CR) 24.03 and KRS 418.075(1), but the Attorney General declined to respond. 6. Martinez v. Commonwealth, Ky., 72 S.W.3d 581, 584 (2002). 7. Cornelison v. Commonwealth, Ky., 52 S.W.3d 570, 572 (2001). 8. Cornelison, 52 S.W.3d at 572-73 (quoting Stephens v. State Far......
  • Board of Trustees v. Atty. Gen. of Com., No. 2002-SC-0699-DG.
    • United States
    • United States State Supreme Court (Kentucky)
    • October 23, 2003
    ...Kentucky Constitution were so concerned about surreptitious legislation that they enacted Section 51. See Martinez v. Commonwealth, Ky., 72 S.W.3d 581, 584 (2002) (the purpose of Section 51 "is to prevent surreptitious legislation, and to prevent surprise and fraud upon the members of the G......
  • Request a trial to view additional results

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