The law to follow for Pa. has been given – Muniz- by the PASC. HB 1952 is a MUNIZ – killer bill that lets low risk Pre-SORNA people off but it keep all eles right in place where they were on 20 Dec 2012 when SORNA was enacted.
All the Pre-SORNA people that were put on teir 2 and 3 who have gone beyond ten years – are going to be off the registry automatically by the Muniz decision. The down side to HB 1952 is where Muniz applies to all – HB 1952 will limit the application of MUNIZ to low risk who are already done ten years.
Under Muniz if a Pre-SORNA person has any time left to do under a previous ML – HB 1952 will trap them to stay on the registry. This not only is against the doctrine of the fundamental fairness – it is against the Vested Rights doctrine as well.
Vested rights says when you are given a win under MUNIZ. It should be a vested right to be protected against legislature dislike of a law and want to change it because they don’t like its results. Like MUNIZ helps all – The Pa. legislature wants to limit the MUNIZ decision only to people that have done ten year minimum. But those who have time remaining MUNIZ would mean nothing.
Muniz only does what it was intended by the PASC to do. . . . that is stop ex post facto application of new law – to effect old law people to add requirements of new law to old law people they were now under in the pass. In short retroactive application of law under Muniz is not right.
The Pa. legislature want to change that under HB 1952 and strip all punitive requirements and add no new requirements to Pre-SORNA people – and say that if you are not done under a previous ML you will have to continue to register under HB 1952. Any challenge will be looked at as CIVIL COLLATERAL CONSEQUENCES AS IT WAS LOOKED AT IN YEARS GONE BY.
But we have Muniz case now. The Pa. law enforcement don’t like Muniz.
Monday 10:00 am is the show down on a hearing on HB 1952 – This all has to play out play by play until it is gotten right. It all will end up right back at the PASC looking MUNIZ right in the face again.