摘要:I dissent to the Opinion. I believe that H.
B. 2195 clearly violates the single-subject rule
and is unconstitutional. M.A.W. was subject to
the provisions of the Youthful Offender Act
which prevented him from requesting certification
as a youthful offender.1 This law was
affected by a series of legislative mishaps, concluding
with the unconstitutional enactment of
H.B. 2195. Before 2006, Section 7306-2.5 of Title
10 provided that a minor of fifteen, sixteen or
seventeen years who had committed murder
could apply for certification as a youthful
offender. In 2006, the Legislature enacted two
amendments to this section. One, S.B. 1765,
retained that definition as it was.2 The other,
S.B. 1760, provided that such persons should
be tried as adults and not subject to the provisions
of the Youthful Offender Act. The Governor
signed both amendments, creating a clear
conflict in the law.