The punitive or Civil is not the real issue at hand in theses SORNA matters.
The true issue is Statutory Construction make up of ACT 10 and ACT 29
Re enactment of expired law is not possible.
Repealed law yes with saving clause but expired law – No No No No way.
Think of the pardon from a governor. Can it be ever un done? Expired law once expired is expired never to be unexpired.
Yes the Pa. Assembly can re write ML 2 in word and call it new law, but it cannot be applied as if to offenses already done and over. You have to commit a new offense. The old offense is dead and gone. Never to come back to life.
So if I did an offense in 1999 and it expired in 12-20-12 and a new law comes forth in 02-21-18 and 06-11-18 called ACT 10 and ACT 29 and in that law a call to cover expired law is risen. The New law says if you have an old law violation you have register now again. This is not so. Your old offense was expired to be satisfied and done. The only way to call to register again is to do another offense and be charged.
The courts have to tell the Pa. Assembly and the PSP, DA’s, and PAG’s that Nieman put Megan’s Law 3 out of application. Derhammer put Megan’s Law 2 out of application. SORNA stated clear that all former Megan’s Laws are expired.
Case law Weaver v. Graham is the SCOTUS is the case that puts all the Puntive and civil claims to an end. Smith v. Doe of Alaska was done in the Michigan fight and that case says that the highest court in the state makes the rules on civil and punitive issues. That is what ACT 10 and ACT 29 will come to.
Pa. Assembly has tried to make ACT 10 and ACT 29 less onerous in restrictions, but. The new fight will be that ACT 10 and ACT 29 are
1. Servitude where you show up to the PSP at your expense and report your information to PSP officer who is paid. You have to be a slave to the system this is cruel and usual punishment.
2. The contract you sign is one sided and if you refuse to sign it you will see jail. Punitive action on state part.
3. Pa. Assembly don’t know when to throw in the towel and face defeat. They are in a make any law mode that we can to get by this election year. The courts will figure it out later.