The argument that the Commonwealth is using is that ACT 10 is civil and thus can be applied retroactively. So they are saying “Yeah, you got us on SORNA, but that does not matter, because Act 10 is civil and thus can be applied retroactively.”
I don’t know if they will prevail with their interpretation of the statute. I think Muniz kind of take the wind out of their sails and helps us. My point was the Commonwealth is NOT going to allow a lower court ruling against them stand. We won’t let a lower court ruling against us stand, so this means we are going to the Pa Supreme Court again.
That is the heart of the whole question: Is Act 10 and thus the registry civil in nature or is it punitive. I think if they lose the Act 10 fight, they are going to be hard-pressed to come up with a different law. They will definitely try, but I don’t think it will be easy for them.