Reply To: AWA Loses in Pennsylvania’s Highest Court

#29166

terry brunson

It is not time to get nervous in the service due to a HB 1952. This is only a Bill and it is the birth child of DA Freed . . . . . . . . To under mind a case that he loss called MUNIZ. . . He is taking this fight personal, and will find out that Fighting MUNIZ is over. When Freed filed against the PASC in Cert review on MUNIZ The PASC now becomes Freed’s target.

The HB1952 bill is an attack on the PASC decision on MUNIZ. But what Free is to dumb to realize is – challenges to any new SO’s law has to come back to the PASC. Muniz was a PASC vote of 5 to 1. That is an indication that the PASC is united on a fair fix of Megan’s law. When and if HB 1952 makes law status. And is challenged and it will be fast. The PASC will add in their decision on that law- WE – NOT ONLY GAVE MUNIZ BUT BEFORE MUNIZ WAS NEIMAN, A.3d 603, 605 (Pa. 2013) WHICH STILL STANDS TO PREVENT UNCONSTITUTIONAL STATE LAWS TO REPEAL EXPIRED LAWS IN PA.

In Commonwealth v. Farabaugh PASC (Pa. 2015) the PASC spoke on ACT 152 which shot down ML-3. Megan’s Law 3 could not be fixed but lucky for PSP – SORNA came and expired ML-3 and the PASC explained then in 2015: – “a repealing clause expressly repeals a prior statue from effective application of law – where the substitute for the prior statue is itself ineffective where the substitute for the prior statute provided in the repealing statute is unconstitutional and where it does not appear that the legislature would have enacted the repealing clause without providing a substitute for the act repealed [.]”

Simply put, an UNCONSTITUTIONAL STATUE cannot repeal a former law and the prior statue remains enforceable. Accordingly, ML – 3 loss all its effectiveness as enforceable law on December 20, 2012 at the implementation of SORNA.

Same for ML-2 shot down as unconstitutional by Commonwealth v. Williams II. Unconstitutional Megan’s Law cannot be reverted back to and be operative law. So ML- 3 is out ML -2 is out, That leaves making a new law (HB 1952) PROBLEM it has a 2017 -2018 date to be applied to people with conviction dates before 2017- 2018 making its application EX POST FACTO

Do you all out there understand this? I am not a lawyer but every lawyer knows this. . . HB 1952 will not pass a PA. Constitutional muster – You all can relax and keep looking to MUNIZ as your freedom. HB 1952 has dates in it on who they are targeting (after April 22, 1996, but before December 20, 2012, whose period of registration with the Pennsylvania State Police, as described in section 9799.55 (relating to registration), has not expired).