This is terry brunson – I knew that the PAG was going to claim civil – non – punishment.
Please read case of the SCOTUS Weaver v. Graham 450 U.S. 24 (1981)
This is the case that broke the back of the Michigan Attorney General office in their Supreme Court lost on their ACT 10.
It is the case that the Pennsylvania Attorney General office fears that will kill ACT 10 application in retroactive application on Pre-SORNA people.
Weaver v. Graham is the case that will win the day in PA. (got it?)
It is the effect of a law that determines the true nature of a new law to apply it retroactive.
It has to test prongs:
If the new law disadvantages the pre-SORNA person and is retroactive it is violative of the constitution.
ACT 10 does it violate the Ex Post Facto Clause because it’s both retrospective and more onerous than the law in effect on the date of the offense in my case.
I was convicted in 1999 and in that year 18 Pa. 3126a7 a was a M-1 with 10 year registration requirement. Under ACT 10 18 Pa. 3126a7 carries a lifetime classification which is an increase in punishment from 10 years to lifetime.
The PAG in my case want to say that I am a Out of State offender with Megan’s Law 3 effects of 42 Pa. C.S. 9795.1 and 9795.2 But she is not looking at 42 Pa. C.S. 9799.41.
Former Megan’s Laws were expired by SORNA. 42 Pa. C.S. 9795.1 and 9795.2 standards are expired.
What former Megan’s Law after April 1996 but before December 2012 is the PAG using to say terry brunson is to register under?
That is why they came up with ACT 10 but if you read ACT 10 front intro – this is a law from HB 631 and not HB 1952.
HB 631 was a law for people on probation and parole who had an offense after April 1996 before December 2012 – Not every body who had an offense after April 1996 before December 2012.
The PSP and The PAG cannot read well. They are doing too much that is going to kill them in court of law. The PASC will bring Weaver v. Graham test in and ACT 10 will not pass the constitutional muster test.
It is a law that is retroactive and it is a law that is more onerous than the offense law date of the pass – meaning that to be on ACT 10 your time on the registry starts all over less any credits on the old PSP registry. Listen to that. at 42 Pa. C.S. 9799.54(a) (1) and (4) and 42 Pa. C.S. 9799.55 (b) (2) (B)(ii) Keeps saying offenses set forth under FORMER offender registration has not EXPIRED from another state.
That means Megan’s Law 3 right? Well it did expire 12-20-12 when SORNA took over the seen. 42 Pa. C.S. 9799.41 said so.
I am not a lawyer but I can see a problem with ACT 10 using FORMER Megan’s Laws after 1996 before December 2012