Hey Guys –
There is a case called polizer – itis in front of my case. . . . In the ACT 10 race to the PASC.
I may have to amend my ACT 10 fight to include ACT 29 by leave of court application.
My main argument is based on the construction ACT that SORNA -1 of 20-12-20 is the law in effect in PA. over sex offenders. . . . . . It is SORNA-1
Listen please. . . . . . . SORNA-1 can only be applied to people who has a offense conviction date after 12-20-12. . . . . . .
The Muniz -decision of 07-19-17 made SORNA-1 unconstitutional only in the retroactive application of SORNA-1 in that it cannot be used in an ex post facto way on people with offense dates before 12-20-12 . . . .
MUNIZ- decision make this clear. . . . . . . . . .
You may say I know this Terry what is the key to SORNA-1 ? Here is the Key. . . . . . .
SORNA-1 is still a law in effect . . . . it is not unconstitutional as a whole. Meaning it is the SO Law of PA that is the base that all DA’s and PAG’s operate. . . . . . . . Muniz – decision stops them from applying SORNA-1 to alot of the people on the PSP registry because most have an offense date pre-SORNA-1 12-20-12 Right?
Her is the caught that you all must understand to explain to a lawyer. SORNA-1 as the main SO law only has power over new offenses. . . . What about old one? All old sex offenses were substances in MEGAN’s LAW 1 – 2 – and 3. Former Megan’s Laws. When SORNA-1 was enacted 12-20-12 it lead off with a statue Law 42 Pa. C.S. 9799.41. I will show it below:
The following provisions shall expire December 20, 2012:
Section 9718.3 (relating to sentence for failure to comply with registration of sexual offenders).
Section 9791 (relating to legislative findings and declaration of policy).
Section 9792 (relating to definitions).
Section 9795.1 (relating to registration).
Section 9795.2 (relating to registration procedures and applicability).
Section 9795.3 (relating to sentencing court information).
Section 9795.4 (relating to assessments).
Section 9795.5 (relating to exemption from certain notifications).
Section 9796 (relating to verification of residence).
Section 9797 (relating to victim notification).
Section 9798 (relating to other notification).
Section 9798.1 (relating to information made available on the Internet and electronic notification).
Section 9798.2 (relating to administration).
Section 9798.3 (relating to global positioning system technology).
Section 9799 (relating to immunity for good faith conduct).
Section 9799.1 (relating to duties of Pennsylvania State Police).
Section 9799.2 (relating to duties of Pennsylvania Board of Probation and Parole).
Section 9799.3 (relating to board).
Section 9799.4 (relating to counseling of sexually violent predators).
Section 9799.7 (relating to exemption from notification for certain licensees and their employees).
Section 9799.8 (relating to annual performance audit).
Section 9799.9 (relating to photographs and fingerprinting).
Somewhere in this list above is your pre-SORNA-1 offense provision which has been expired. Done away with, completed, finished can’t say any more than what is written as they wrote it.
You may say so what does that mean to you?
Your Megan’s Law requirements are expried and done. . . The PSP knows this so they went to the legislatures and asked for an amendment to SORNA-1 of 12-20-12 and they got it on February 21, 2018 called ACT 10 BUT – – – – –
In a knee jerk the legislatures forgot to read THE STATUE CONSTRUCTION ACT of 1 Pa. C.S. 1971(a) which says:
“Whenever a statute purports to be a revision of all statutes upon a particular subject, or sets up a general or exclusive system covering the entire subject matter of a former statute and is intended as a substitute for such former statute, such statute shall be construed to supply and therefore to repeal all former statutes upon the same subject.”
Meaning Megan’s Law 3 was the last SO law in effect of 12-19-12 but Nieman struck it down as unconstitutional so Megan’s Law 2 would fit in its place – which makes no diiference because SORNA-1 on 12-20-12 took out all former Megan’s Law’s and for all Pre-SORNA people there is no megan’s law because 9799.41 expired all the provision of all former Megan’s Laws.
So the Pa. Assembly did something called an illegal amendment to SORNA-1 which potions of it MUNIZ made unconstitutional in retroactive application for Pre- SORNA people. Like terry brunson. They voted in the amendment and on the 3rd consideration by passed The Pa. Propreations Committee on funding and the Governor signed the bill in haste.
This is the problem with ACT 10 and ACT 29 too. But notice ACT 10 and ACT 29 is an amendment of the based LAW SORNA i.e. which is still in effect 100% but for the muniz prohibitation of retroactive applications of SORNA to Pre-SORNA people.
The Pa Assembly has made two new laws from SORNA -1 by amendment. . . . . . That is not how law making works.
Their should have been a repeal – with savings clause on the parts of SORNA they want to take into the new law – vote to repeal and replace and then ACT10 and ACT 29 would have a true chance to be good law.
But as of today – ACT 10 and ACT 29 are amalgamation laws of SORNA-1 meaning SORNA-1 is the real law being still put on all sex offenders in PA by the PSP and legislatures.
It just has to be explained to the courts the right way. Of couse they will fix it, BUT they cannot bring back provisions of no former Megan’s laws whic is what they are doing to put people under ACT 10. If I had a sex offense under Megan’s law 3 . . . . . It is in the past . It has been expired it is gone – it was after April 1996 before December 2012. SORNA-2 ACT 10 grabs the dead expired law and says – you have to register under ACT 10 now due to you dead expired Megan’s law of the past. Do any one understand this process?
If you do this is the upfront fight to ACT 10 and ACT 29 Not whether it is punishment or not added. You fight that upfront you will loose in court at last.