@ Jim B
What was the comment you said in reference to?
Did You Know that Gov. Signed HB 631 Wednesday into law?
HB 631 is a three mandatory probation for tier 3 violation SO’s of pre SORNA people only if they violate ML rules while doing the Muniz – decision requirements of 10 years or life.
The ones that still have time left to do. The are two schemes of SORNA. That three year probation can put the pre-SORNA person back on the web site – as a punishment. MUNIZ -DEcision would now apply then.
That is why I was asking you to read up on “vested rights doctrine”
“Vested rights” doctrine was first announced in McCullough v. Virginia, 172 U.S. 102, 123-24 (1898): “It is still good law to use in PA courts from the SCOTUS to stop state legislatures from taking away rights which have been once vested by the judgment under MUNIZ.
The Pa. Assembly are become under-minders of law. Muniz -decision has “vested rights that should apply to pre-SORNA people to always claim, However HB 631 puts the “vested rights” of MUNIZ in a box.
The HB 631 is really for the lower courts to implement with direction realed to MUNIZ- Lower court judges were in confusion to think that if a Pre-SORNA person comes before them they would be looking at a long fight to the PASC under Muniz to get their decision vacated or reversed.
Now HB 631 gives lower courts a fight to say probation is punitive, and they can do as they please to pre-SORNA people without worry about MUNIZ decision biting them on Appeals to higher courts.
HB 631 is a lench law of Muniz – Decision
When it is Challenged by any one punished under it- HB 631 will fall to the PASC – because MUNIZ is law and all the elements of MUNIZ are being violated to up hold HB 631.
1. Retroactive application – See Commonwealth v. Reed; and MUNIZ
2. Ex Post Facto in implementation see Pa. Constitution Article 1 Section 17
3. No Due process in procedure or subsistence to apply HB 631 other than it being a statue requiring pre-SORNA people to be put under without a hearing. see Pa. Constitution Article 1 Section 9
4. It is a discriminatory law to pick out pre-SORNA people to pick on only them. see Pa. Constitution Article 1 Section 26
It will not take lack for HB 631 to head to the trash Heep as unconstitutional. Thank God for checks and balances of Judicial and executive Governments. PASC will check and balance HB631