Reply To: SCOTUS Denies to Hear Muniz

#33774
Avatar
Dave

No more SVP tag for people convicted BEFORE December 20, 2012:

(4) It is the intention of the General Assembly to address the Pennsylvania Supreme Court’s decision in
Commonwealth v. Muniz , 164 A.3d 1189 (Pa. 2017) and the Pennsylvania Superior Court’s decision in Commonwealth v. Butler (2017 WL3882445).

(c) Scope.–This subchapter shall apply to individuals who
committed a sexually violent offense on or after December 20, 2012, for which the individual was convicted.

Section 7. The definitions of “sexual offender,” “sexually violent delinquent child,” “sexually violent offense,” “sexually
violent predator” and “transient” in section 9799.12 of Title 42 are amended to read:

§ 9799.12. Definitions.
The following words and phrases when used in this subchapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:

“Sexual offender.” An individual [required to register under this subchapter.] who has committed a sexually violent offense. The term includes a sexually violent predator.
“Sexually violent delinquent child.” As defined in section 6402 (relating to definitions)[.] if the determination as a
sexually violent delinquent child is based on an act of sexual violence, as defined in section 6402, committed on or after
December 20, 2012, for which the child was adjudicated delinquent and determined to be in need of commitment for
involuntary treatment as specified in Chapter 64 (relating to court-ordered involuntary treatment of certain sexually violent persons).
“Sexually violent offense.” An offense specified in section 9799.14 (relating to sexual offenses and tier system) as a Tier I, Tier II or Tier III sexual offense committed on or after December 20, 2012, for which the individual was convicted.
“Sexually violent predator.” An individual [determined to be a sexually violent predator under section 9795.4 (relating to assessments) prior to the effective date of this subchapter or an individual convicted of an offense] who committed a sexually violent offense on or after December 20, 2012,