I went back in time and read Megan’s Law 2. That is the PA Assembly rewrite for HB 1952 .
ML 2 was struck down as unconstitutional by Commonwelath v. Williams 2
There were no saving clause reverts –
The PA Legislature took off all the punitive things that gave them trouble back when ML 2 was enforceable.
But this PASC is not the same court of back then. The Justices today are not up for the B_ll Sh_t the court back then put up with.
HB 1952 will not make it it to muster because the PASC of today will call it Ex post fact in its true nature by the date of the law and not the punitive element required of the past.
There is a law case called Commowelath v. B.J. that was a due process Megan’s Law case that said the punitive element is not need to be ex post facto. This was what the PASC said in B.J. Case.
This is what will be said about HB 1952 – That are stripping it of punitive stuff thinking it will pass the muster bar of today’s PASC. Under B.J standards it will not. I am not a lawyer but I know common sense stuff.
HB 1952 is a make over of Megan’s Law 2 stripped of punitive stuff – but to apply it retroactively will be a jump back to the past.
The PSP and PAG will argue Civil Collateral Consequence needs a punitive element of punishment.
Today’s PASC won’t go fr that – They see if one miss a step under HB 1952 “What Will Happen?” If they PAG says, that SO’s will be going to jail. . . Under violation of HB 1952- – – The PASC of today’s court will say – – -THERE IS THE PUNITIVE PUNISHMENT[.]
They will strike down HB 1952 right there. But without a punitive element the HB 1952 is dead. No no in the Pa. Senate has balls to pick the Bill off the table where it waits to be debated and voted on.
Have you heard any more of that bill? It may die in the Pa Senate for lack of Senate support. There are house people calling Pa. Senators asking them to push that bill please – it will stop Muniz – decision in its tracks. . . . HB 1952 will limit the damage of letting too many off the SORNA . . . . . .