A bill introduced this week in Harrisburg attempts to fix flaws in the state’s sex-offender registration system identified in a Pennsylvania Supreme Court decision in July and could affect more than 10,000 registrants. Full Article
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I was under the impression that this was going to need to be voted on again, but the information at the link below says it has passed “third consideration and final passage.” Does this mean the governors signature is all that is needed now?
https://www.billtrack50.com/BillDetail/898515
Also, I called the Megan’s Law office in Harrisburg today, and explained my situation and asked if I will be removed automatically or need to go before a judge. The lady told me that if the bill passes they will receive a list of people effected, and they will be reduced/removed automatically.
I read this on a a different sex offender website and was curious if anyone has seen this in the bill or seen or heard anything about this…
The General Assembly is rumored to change the bill so that per Sorna people will be left off. Remember they don’t care one bit about Pre Sorna vs Sorna. In the end, they just want the registry to still be around. If the cost of keeping the registry another 25 years is letting pre Sorna go, they don’t want to do it, but they will do it in a heart beat and not even blink an eye. Half a loaf is WAY better than no loaf when you are HUNGRY!!
NOW… That would be great for me, but my understanding is that 1952 is supposed to revert pre sorna people to what their actual sentence was… so in my case I would go back to 10 years registration instead of 25 years. Has anyone seen anything about this?
Keep on top of that. You’re going to want that letter stating you are not required to register.
….
@Michael
I keep hearing all different things, I am going to give the psp a call at some point for more clarification on this matter. I heard all pre SORNA people will get relief which is not true, I have heard people must petition the courts to be removed and then I heard no one is going to be removed. What I have heard a lot of is pre SORNA people who to date are done with their ten years are to be removed.
What would be nice is to have something plain out stating that pre SORNA people are to be removed , those who have completed their time and then some. My time should have been up in 2013.
As of 8:00 PM EST, the House Legislative Information indicates:
PN 2770 (Original Bill)
Referred to JUDICIARY, Dec. 4, 2017
Reported as committed, Dec. 5, 2017
First consideration, Dec. 5, 2017
Laid on the table, Dec. 5, 2017
Removed from table, Dec. 11, 2017
PN 2820 (Amended Bill)
Second consideration, with amendments, Dec. 12, 2017
Re-committed to APPROPRIATIONS, Dec. 12, 2017
Re-reported as committed, Dec. 12, 2017
(Remarks see House Journal Page ), Dec. 12, 2017
Third consideration and final passage, Dec. 13, 2017 (188-0)
A copy of the amended bill can be found at:
http://www.legis.state.pa.us/cfdocs/legis/PN/Public/btCheck.cfm?txtType=HTM&sessYr=2017&sessInd=0&billBody=H&billTyp=B&billNbr=1952&pn=2820
So on HOUSE BILL 1952 found an expost facto violation, added punishment from Megan 1 or 2 or 3, and even SORNA doesnt require this as a registered offender.
Sex offenders or SVP must register this following info in 3 business days they snuck this in at the last minute,
Page 70 Line 16 paragraph B) Offenders and sexually violent predators shall inform the Pennsylvania State Police within three business days of: (B) a list of places the individual eats, frequents and engages in leisure activities and any planned destinations, including those outside this Commonwealth;
When did you ever have to tell anyone what gym you go too, where you eat, where you hangout, what you do for fun, when did you need to tell the PSP that you like collecting comics or sports cards or antigues or go to sports card shows, or antigue shows or flea markets, when did Megans 1 or 2 or 3 or SORNA request this info??
Thats not from Megans Law 1 or 2 or 3 or SORNA!!
My husband wasnt sentenced to HOUSE BILL 1952 requirement B) the fun places he hangs out or does for fun, to this in 2006. Thats a new added requirement outside what his sentence judge told him to do.
House Bill 1952 has hidden tricks!!
Sneaky sneaky sneaky!
I can see the PSP calling my husbands gym, his moms house, he frequents at, calling Mcdonalds or Sheetz, or the Local Dump or the Turnpike headquarters, he frequentlt drives on that daily, he must tell the PSP when he enjoys a nice ride on the turn pike to relax.
Just think he likes to hang out in our back yard, in his truck, in our woods, in his yard.
If he has to register all these things, then how about his dinner table where we eat.
Why not just register your daily routine, he takes a poop around 5am everyday. Thats fun for him. Pooping. Its relaxing.
Here’s a stupid question… in looking at hb1952 i noticed it says an ammendment. Are they simply ammending (changing) the enhancememts and such for the parts that were ruled unconstitutional – and not creating a NEW law? If so that would explain why presorna would revert to their original sentences… i am learning a lot, but will admit there is still a lot i dont know – can they do that legally? Like if the law is ruled unconstitutional can they just go and fix it and take out the bad parts and have it be ok, or does the whole unconstitutional law get tossed?
House Bill 1952
Is a revised version of Megan’s Law 3, with an added phone call in option for good behavior. Blah Blah.
But Megan’s Law was never deemed unconstitutional for being punishment, only for the single subject rule.
House Bill 1952 is written to address Muniz and give Muniz exactly what he argued, “If I was sentenced back in 2007, I would of been under Megan’s Law 3, so those guidelines is what I would be complying with.”
House Bill 1952 says this, I agree with you Mr Muniz. I agree with you completely. I will give you what you wanted and place all the sex offenders back onto Megan’s Law 3 that were forced to be on SORNA. We will agree with you Mr. Muniz. We understand Mr Muniz that you will not have to register anymore. And we understand that others will not either. But Mr Muniz, what you argued is perfect, we still get to keep 10,000 so lifetime offenders on the registry and make them just come in once a year. So Mr Muniz, have a great day and enjoy your life. And be good, because the next time you commit a sex offense, buddy, you go onto SORNA. And wont get the honor of House Bill 1952.
So with that said, this law will pass. This law will grab up anyone required to register under the Megan’s Law 3 and make you comply with what guidelines you were sentenced too before SORNA.
And the Commonwealth sits back and goes, “Well, they wanted relief, we gave it to them. Hahahahaha!
My husband will be on for life. One time a year for life. With an option for 25 years. But what he knows is this it beats 4 times a year and internet identifiers. And all the other stuff required by SORNA. My husband took a plea in 2006. He was okay with honoring his Megan’s Law 3 requirements, he doesnt agree with them but he did hold himself accountable for his Romeo and Juliet case involving a minor girl.
His failure to register, internet identifiers, was a flook charge and thank God for Muniz, they are dismissed. Thank God for House Bill 1952. And he prays that the PA Supreme Court finds fault with it too. But for the time being, it is not SORNA!
Hi
Fist time posting.
I just recently been following all this Magens law changes. After finding out i wont be able to go on 5 day/night trip to a Dominican Republic resort. Offered by the company my wife and I work for. Because im on the registry.
Im not shore where i stand in all of this. Am I still going to be the registry? Because i moved here from MD in 2013. Or am I going to be off? because I was sentenced in MD on July of 06. To ten years on the registry. Days before president Bush even signed SORNA in.
Anyone hear any news on Muniz, he was supposed to be back the 16th I thing it was, I could be wrong though.
@ WALT JIM K
My husband says congrads. His motion to enforce plea and removal of SORNA is in the lower court. He is waiting on his hearing. His Failure to Register Charges under Sorna for internet identifiers have been dismissed. So the arresting county of the charges admits they cant prosecute him on the failure to register per MUNIZ. With the dismissal of charges, the Muniz Decision and now your case and removal from the registry my husband and his attorney have all they would need to have the lower court do the right thing and grant his plea agreement and sentence requirements, due to no Megans Law 3, there would be no requirements for him.
We are just watching the HOUSE BILL 1952, to pass through the Senate and Wolf before he is granted his lower court hearing.
My husband wants to ask you, do you have to register under HOUSE BILL 1952 is passed?
http://cumberlink.com/news/local/looking-ahead-new-da-could-bring-changes-to-criminal-justice/article_c5d50eb1-de54-5173-b98b-7de4f4f6ed6a.html
Wow, New DA Ebert has a different outlook on the PA Supreme Court Decision. He would rather not chance the US Supreme Court!
Looks like they are going by the date of conviction not the date of crime.
http://www.pacourts.us/assets/opinions/Superior/out/memorandum%20%20affirmed%20%20application%20to%20withdraw%20as%20counsel%20granted%20%2010337007231166248.pdf#search=%22sorna%22
“…. the state Supreme Court has found that Pennsylvania’s sex offender registration system is punitive, and therefore cannot be applied to defendants retroactively.”
…. “But it is unclear how the Pennsylvania State Police, which administers the sex-offender registration program, will respond to the changes required by the Supreme Court opinion.”
If PASC says it’s punishment, then PA State Police should have no jurisdiction to administer it because PA Dept. of Corrections would implement any “punishment”, not PA State Police. PA State Police could enforce it (i.e., arrest people for not following a law), but they are not Corrections and, therefore, should not be in the position of administering anything deemed “punishment”. In effect, PASP should have “no standing”.
So my question is, if they withdraw their appeal to scotus how does that work then? If they say we’re not going to fight Muniz anymore then Muniz wins and only so’s in pa winn, not anyone else?
UPDATE ON HB1952….
The Senate judiciary committee got the bill this morning for their vote. The Senate will not meet and vote on any bills until January 22nd (unless called back by the Senate pro-temp)
SCOTUS now has Muniz and is able to render a yay or nay vote as early as January 8th. (Conference is held every Friday and the decisions are announced the following Monday)
It appears that the race is on. If SCOTUS denies before HB 1952, I hope that all that are able file something with the courts.
UPDATE FROM SCOTUS
Jan 03 2018 DISTRIBUTED for Conference of 1/19/2018.
That means that 1/22/2018 we “Should” have a decision.
SCOTUS can certainly table this case and let it sit for as long as they feel.
1/22/2018 is the next meeting of the PA Senate where they will vote on HB 1952, BUT they need it to be voted on 3 times, should be interesting. If SCOTUS delays its vote based 1/22, I will lose all faith in SCOTUS as they would be working in conjunction “with” the PA Legislature.
As you all know my husbands failure to register under SORNA charges were dismissed, internet identifiers.
As you all may know he filed a motion to enforce his plea agreement in Oct 2017. Along with Habeas for Removal from Registry.
Early February 2018 is his hearing in the lower court. They didnt deny his motion, so that is a good start!
IDSI is Involuntary deviate sexual intercourse. Usually the plea down for Rape, which is lifetime.
It will be very interesting to see, if you have the resources, how an appellate court will view your case??
Basically it looks like you arguing that your husband is the victim of a “punishment sandwich”?
2006 – ML3 which is civil and statutory, so you have no fight
2012 – SORNA which is deemed punishment, you have a fight.
2018 – HB1952 which is civil.
Wow! I can’t begin to untangle that one and I fear that a Common Pleas Judge would be hard pressed to go out on a ledge and side with your husband knowing that his decision is certainly going to be headed for an appeal.
Keep us up to date and start thinking about how to round up support. I asked my attorney how much the A.S. Case cost from start to finish and he said $25k. Just putting a number in your head to start thinking about.
Good luck.
@ Mike Megans Law 3 is expired, deleted, doesnt exist anymore. SORNA deleted it and with out a saving card if someone like Muniz one, hence House Bill 1952 is getting passed to fix it.
My husband know he will more than likely be back on House Bill 1952, but legally fixing a unconstitutional ruling with a new law? May be great in the eyes of our government in bed with the PSP. But will the PA Supreme Court agree? The PA Supreme Court ruling of Muniz was so well written that their INTENT was to remove anyone prior to SORNA knowing that Megans Law 1 2 or 3 doesnt exist. Think about that, our court was smart enough to know that all hell is breaking loose when they decided Muniz!
@Who Removes from list: 👍 The Pennsylvania Supreme Court was very clear: it’s unconstitutional. Period.
No matter what color lawmakers paint it, what shape they twist it into, or what name they call it, Unconstitutional is Unconstitutional!!
Hi, I sent comments and suggested changes to House Bill 1952 that have been submitted to each Representative, Senator Greenleaf and the media outlets that have covered this Bill. You can check it out here:
https://justincorliss.wordpress.com/2018/01/09/new-bill-to-register-offenders-may-be-rife-with-errors/
There are a number of infirmities that anyone this Bill effects should be aware of and you should voice your concerns directly to the Representatives to recall the Bill, for changes or to have suggested changes made by the Senate before this becomes law.
My husband, Justin Corliss filed pro se petition for allowance of appeal on SORNA that the Pa. Supreme Court granted, having identified SORNA as a punitive ex post facto law in 2013. Docket #: 399 MAL 2016
Would be nice for someone to tell the PASC what’s up but it wouldn’t mater anyhow because it doesn’t have to go through PASC to pass unfortunately.
As of this point the bill helps me and not a lot of others because my time is long overdue, when I saw the Muniz decision go down I was like it’s finally over and then it was challenged, then all this back and forth stuff. Good things come to those who wait I believe.
5 days till conference, then Monday 22nd we will God willing we will have good news on Muniz, let’s focus on the issue at hand here y’all.