A designation is part of a statute, which is a law. Ex Post Facto covers changes in a law as well as new legislation. When you change a law, it effectively becomes a new law.
A designation isn't a punishment, so I don't think ex post facto should apply. If the IRS puts a new form on its 1040's required if you have ever been charged with tax evasion, is that ex post facto? The actions were illegal when committed, the punishment does not change. Would it be illegal for the state to begin tracking the addresses of people with more than two DUIs?
A designation is part of a statute, which is a law. Ex Post Facto covers changes in a law as well as new legislation. When you change a law, it effectively becomes a new law.
>> If the IRS puts a new form on its 1040's required if you have ever been charged with tax evasion, is that ex post facto? Would it be illegal for the state to begin tracking the addresses of people with more than two DUIs?
Those changes could not apply to those previously convicted. You may not like the outcome on this particular case, but surely you're not arguing that retroactive laws are good, are you?