No Brian you are missing what I am saying. .
Not every SO is in as good of position as you are. This HB 1952 is a plus for people in your position. If you were to be off in 2013 this new HB 1952 will be a plus to you. . . . . . . It will put you back to the old place you were at – If you been on the registry too long you can ask about suing in federal court but immunity will stop your suit.
On the surface HB 1952 looks bad but when you read through it – I have to give a hand to the writer of this bill. It is a Muniz fix bill that says that, but it is a trick bill that doesn’t give Muniz protections to all like the Muniz decision does. I would stick with Muniz and wait for the Muniz decision to remand.
HB 1952 only helps a few get off the registry when Muniz opens the door for all to get off. It is a bill that is a good collage try to act like the law makers of Pa. are trying to look out for public safety. But HB 1952 will not pass a constitution muster if challenged in commonwealth courts. . . . . The court levels are Common pleas court, Commonwealth court, Superior court – then the PASC. Any low level court will use Muniz to defeat HB 1952 if it becomes law and someone challenges it. It will be found unconstitutional on Pa. Constitution Article 1 Sections 1, 9, 11, 17, and 26. and the cases in precedence that would knock the law out would be Muniz – Neiman, Reed, and Woodruff and the law is done. . . . I can see the concern that the politicians have if this law fails and Muniz takes the precedence position AND FROM THE LOOKS OF IT -Muniz will – It is a gamble law to fix muniz if RSO’s don’t challenge HB 1952 when it becomes law.