I received a half answer from the Layer of the PSP in Mandamus injunction – It quoted a Pa. legislature fix to Pa.’s Megann’s Law in light of Muniz- the it is in part about some HB 152 voted December 5, 2017 in a secret meeting with PSP, Freed of Cumberland county –
PDAA Issues Statement on Fixes to PA Megan’s Law
Dec 5, 2017
Harrisburg, PA – Pennsylvania District Attorneys Association President and Berks County District Attorney John Adams today released the statement below after a bill to fix the state’s sex offender registry (Megan’s Law) was unanimously approved by the Pennsylvania House Judiciary Committee:
“PDAA thanks members of the House Judiciary Committee for passing HB 1952, which will ensure that tens of thousands of sex offenders are not removed from the sex offender registry. HB 1952 responds to decisions by our appellate courts, which had held portions of our sex offender laws to be unconstitutional. The House Judiciary Committee, as it so often does, worked in a bipartisan manner. It is absolutely necessary that the full House quickly approves this legislation and that the Senate takes it up soon thereafter. Sex offenders pose a real danger to Pennsylvanians and HB 1952 will help ensure that the public knows who these offenders are.”
This bill is why Freed appealed to the SCOTUS to make delay to get to this – However – Muniz knocks SORNA down, And Muniz will know this down too because it will be applied Ex Post Facto in date time. Any 2017 new laws on Sorna will open the door for people under SORNA to file Ex Post Facto now.
This HB 152 is a House bill the is on its way to the PA Senate – to be reviewed. It is not Law yet until Govern Woolf signs it.
The bill is a make over of Megan’s Law 2 without the unconstitutional issues that stopped it in 2004. The big problem that this HB 152 bill will face in the PA. Senate is that it too will be applied in Ex Post Fasto – and we are right back at MUNIZ PASC decision. It will kill the bill and they will have to find another way to stop the MUNIZ decision.
The SCOTUS will offer no help. Freed’s Cert to them will be denied – He knows this now. Freed is working with the House Judiciary Committee to try to under mind PASC decision on Muniz.
The Pa. Senate will not vote this law up because Freed has caused a Stay on Muniz on a federal question. The stay will stop a vote. If the stay is stopping the PSP to follow Muniz now – It will also stop a Senate vote on a Appeal court decision that is not yet final on the Federal question.
The PASC has long held that, when called upon to interpret provisions of the Pennsylvania Constitution, they are not bound by the interpretations of similar provisions of the United States Constitution made by the United States Supreme Court. See Commonwealth v. Edmunds, 586 A.2d 887, 894 (Pa. 1991) which says, “Although we
may accord weight to federal decisions” when we address underlying specific constitutional guarantees, “it is both important and necessary that we undertake an independent analysis of the Pennsylvania Constitution, each time a provision of that fundamental document is implicated.” When there is compelling reason to do so, we may interpret our constitution as affording greater protections than the federal constitution. See Commonwealth v. Gaffney, 733 A.2d at 621. In the light of Muniz the PASC has spoken in that binding case for the Commonwealth addressing SORNA being punitive for purposes of Ex Post Facto Clause of the Pennsylvania Constitution [.] No federal issue can change that . . . . . MUNIZ IS THE LAW OF THE COMMONWEALTH RIGHT NOW; and needs no Federal question to review what the highest Pa. court has decided. . . . The PSP and Freed don’t like the decision of Muniz at all, But it is the Law. . . . . They just don’t want to follow the law they don’t like