Reply To: SCOTUS Denies to Hear Muniz

#34441

Chuck

Hi Greg,
You are probably a Megans Law one which expired but was you were picked up by Megans Law 2 which was expired. However, then you were picked up by Megan’s Law 3. However, it was found to be unconstitutional becuase they passed it with 2 other subjects in the same bill. So when this happened in 2013, the Pa Supreme Court told the General Assembly you have 90 days to fix your mistake. They figured “Oh we have SORNA(effective 12/20/2012) so we do not have to worry about it.
However in Commweslth v Muniz last summer, the Pa Supreme Court said you cannot increase someone’s original sentence by putting them on SORNA.
Now, a new bill has recently passed. The reason why Muniz decision said you cannot increase the original sentence or hold people on there that were convicted before SORNA was it was declared “punishment” by the Pa Supreme Court.

This is what Pa is going to do. I assume since you have been on so long you are a lifetime offender. They are going to claim that the new law is different than SORNA I. The sense that it is not “punishment” it is a civil penalty this immune from ex post facto(after the fact) challenge. So those original sentence has NOT EXPIRED will be forced to register for the new law. So, you are a life time sex offender, they will force you to register on the new Law

Now, some people believe that the new law should still be considered “punishment”. They will be challenging the new law in Court. IF sex offenders WIN this case, then they will have to remove those who registered before the new law became effective.
I am sentenced to 10 years. This is my 8th year. So they will erase the order to increase my sentence to 15 years (due to SORNA) BUT I have to finish my original 10 year sentence. So 2021 will be the first year I will not have to register assuming I do not change my information between 2020-2021. My anniversary is in July.

Any other questions, feel free to ask anyone. Just to warn you, there is a debate on this forum on whether to sit tight and wait for PSP to review everyone, or go to court. Just so you know. However Lea Bickerman did a phone conference with Narsol last month, you should listen to it. If you scroll up, one of the mods left the link in this thread. It was robin.