Monday is the Cert denial list. . . . . Muniz win be a win – Freed will have the end of the line – The SCOTUS will issue a remand order returning jurisdiction to the PASC to order Muniz mandate to PAG to Order PSP – and they will be slow about it trying to meet HB 1952.
If HB 1952 becomes law. The PSP will issue 90 day law enforce notice to all they think is under HB 1952.
And that is when I tell you the case by case BS will start. Under HB 1952 page 109 a judicial determination will be required to get off the registry for those that still have time left to be on the registry.
The challenge will begin – Muniz will play apart- but it will not be automatic.
Mandamus is the writ to file.
The challenge to the HB 1952 law will be for pre – SORNA people.
The attack will be under the Pa. Constitution Article 1 Section 1 Reputation shaming of being put on a website without due process of showing reason other than Pa. statute requires it. Must show proof of being a danger to Pa. public.
The next attack will be Pa. Constitution Article 1 Section 17 (Ex Post Facto) on date of effect is applied in a retroactive way to Pre-SORNA people.
The last attack will be under Pa. Constitution Article 1 Section 26 – The Commonwealth nor any political subdivision like the PSP and PAG shall not deny any person the enjoyment of any civil right, nor discriminate against any person in the exercise of any civil right. (The key is HB 1952 picks on a key group _pre-SORNA people in a discriminating way.)
The PSP is banking that with all the Punitive stuff off the HB 1952 that it will pass the muster needed at the PASC. The provision in the HB 1952 page 109 will kick in for pre-SORNA people to get a court order – they can claim Muniz – I don’t see why Muniz cannot be applied automatic . . . . . They want a case by case Judicial determination by a court.
This will flood the court docket – and that is their objective. Overload the court. But I think the PASC is ready for that BS….. They will put in the MUNIZ remand order that Muniz is the Judicial Determination that HB 1952 seeks to fix pre-SORNA issues. And that is to remove pre-SORNA people off the PSP registry.