Reply To: AWA Loses in Pennsylvania’s Highest Court

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Chuck

The following is an email I sent to the Post Gazette concerning their inaccurate, misleading news article:

Mrs. Ward,
Hi, my name is Chuck. I am not an attorney. In fact, I am a sex offender currently registered on what is commonly known as “Megan’s Law”. I have been on the registry since 2010, so I am known as “Pre- Sorna. In other words, I belong to the group of offenders that have been on the registry since before 12/20/212 when Adam Walsh Act aka Sex Offender Registry Act became effective in Pa.
Even though I am not an attorney, I am expert as to what are the requirements for Pre-Sorna offenders because I had to be or risk being thrown in prison. I have spent countless hours on the phone with Pa State Police’s Megan’s Law Section to ensure I am 100% compliant.
I say all this to let you know I am heavily invested in following the Commonwealth v Muniz decision as it is challenged at the U.S. Supreme Court, and tracking any changes the Pa General Assembly may make to the registry due to the Commonwealth v Muniz Decision on July 19, 2017
This brings me o PAHB 1952 and your story on it that was published on December 5, 2017, at 7:05 pm. In your article you state the following:
Ms. Dalton said the legislation puts back into effect the Megan’s Law statute provisions to apply to offenders convicted prior to SORNA’s implementation. It also addresses the Supreme Court’s concerns that SORNA is punitive by backing off from some of the more onerous registration provisions ( Ward, 2017).
The text of PA HB 1952 shows that this statement is not 100% accurate. The following is from the text of PAHB 1952:

(1) An individual who committed an offense set forth in 42 Pa.C.S. § 9799.55 on or after April 22, 1996, but before December 20, 2012, and whose period of registration under 42 Pa.C.S. § 9799.55 has not expired. (2) AN INDIVIDUAL WHO WAS REQUIRED TO REGISTER WITH THE PENNSYLVANIA STATE POLICE UNDER A FORMER SEXUAL OFFENDER REGISTRATION LAW OF THIS COMMONWEALTH ON OR AFTER APRIL 22, 1996, BUT BEFORE DECEMBER 20, 2012, WHOSE PERIOD OF REGISTRATION HAS NOT EXPIRED. (2) (3) An individual who, before the effective date of 20170HB1952PN2820 – 9 – <– <– 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 this paragraph: (i) Commits an offense subject to 42 Pa.C.S. Ch. 97 Subch. H (relating to registration of sexual offenders); but (ii) because of a judicial determination on or after the effective date of this section of the invalidity of 42 Pa.C.S. Ch. 97 Subch. H, is not subject to registration as a sexual offender.
The quoted text starts on page 9 and goes to page 10. I will post a link to the bill’s text.

Please respond to this email asap.

http://www.legis.state.pa.us/CFDOCS/Legis/PN/Public/btCheck.cfm?txtType=PDF&sessYr=2017&sessInd=0&billBody=H&billTyp=B&billNbr=1952&pn=2820

Ward , P. (2017, December 05). Legislature to address flaws in Pa’s sex offender registration laws. Retrieved December 14, 2017, from http://www.post-gazette.com/local/city/2017/12/05/Pennsylvania-sex-offender-SORNA-registration-state-police-Ron-Marsico-legislation-Muniz/stories/201712050172