ACT 10 goes into effect 22 May 2018 – until then it is best to file a show cause to the commonwealth court – under show cause request to make an applied challenge to ACT 10 on grounds of violation of Pa. Constitution right and equal protection of law. Please do not mention the U.S. Constitution. That will give the PSP right to thinking they have to ask the SCOTUS for a Cert review to delay just on b_ll sh_t.
The Pa Constitution that ACT 10 violates is follow:
1. Restricts liberty interest of Article 1 Section 1 of Pa Constitution
2. It a shaming tool against Pre-SORNA people after April 1996 and before 20 December 2012 in violation of Pa. Constitution Article 1 Sections 1 and 26
3. ACT 10 is ex post Facto in relation to retroactive application in that event offence happen way before ACT 10 was enacted into law in date occurrence in violation to Pa. Constitution Article 1 Section 17.
Not PSP thing it is a Civil consequence to push ACT 10 but the Civil law arguement must meet applied rule of a civil law in form AND EFFECT.
ACT 10 only has the form – in the say so of the intent of the Pa Assembly as CIVIL in nature. . . . . . . . .
Weaver v, Graham of the U.S. Sct court says that the effect of a law gives the true intent of the law enacted.
ACT 10 if civil would look like a civil law both in form and effect.
The effect of civil law is money damages or declaratory judgments
BUT IF ITS EFFECT IS JAIL – that is criminal in effect. ACT 10 has to fail as being civil.. Just calling it civil is not the muster test. . . . . . . . . it is the effect that will tell the true effect of a law.
ACT!) is unfair in that it will have a person incarcerated for a minor in fraction of just forgetting to be on time to register or forgetting to update a inter net email. You can get a lot of jail time for small infraction. ACT 10 is not goingto go far in the PASC and some judges at the commonwealth court level may not let it get to the PASC they will rule against it and the PSP will appeal to the PASC only to me the court that they are disrespecting in ignoring MUNIZ decision. The PSP filed a Amicus Brief in the Muniz cert to the SCOTUS that showed their hand argument that came from OHIO . . . . . . and they loss too on this issue.
The road for ACT 10 do look to good when it gets checked by the checks and balances of the court to put it up to the muster of constitutional tests. The Pa Assemble is out of line with law making order to say that ACT 10 is a just law to back. It is a knee jerk to letting 10,000 people go free in illusion. Most pre-SORNA people that MUNIZ helped was tire 3 people who when from 10 year to life time – most are done the tens years the effects of MUNIZ would have made the playing field right.
BUT now ACT 10 also tars and feather Pre-SORNA people without the benefit of a hearing. Matthew v Elridge case violation too.