People v. Boyd

¶11 Today the majority holds that Amendment 64 retroactively reaches back to remove the People’s ability to prosecute acts that were illegal at the time they were committed. The majority carefully avoids using the term “retroactive” (except when it cannot, as in the certiorari question upon which this court granted, see maj. op. ¶ 2, n.1). Such avoidance, however, cannot obscure the import of its ruling—namely, that criminal acts committed prior to Amendment 64’s effective date will go unprosecuted and unpunished. Yet the plain language of Amendment 64 provides that it “shall become effective…