Court ruling against retroactive extension of registration period for 19 individuals who were convicted before the enactment of SORNA – but resentenced to longer / lifetime registration under SORNA after subsequent probation violations. Opinion
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Interesting, because of the storm of this year’s WORDSMITHING, called Act 26. So here are over a dozen, all who were convicted preSORNA, but reclassified postSORNA on probation violations. So in the decision they are let off the hook; great ! HOWEVER, the Justices add that we CANNOT help you if you are reclassified under the new Act 26, and you’ll have to start all over again !!
The appellants apparently didn’t raise that issue.
“… the issue of the possible retroactive application of the legislature’s new amendments to Appellants is not before us. The only issue raised by Appellants, and argued to the Court, was whether the reclassification under the then-existing version of SORNA, as applied to each Appellant, was lawful. Under Muniz, we hold that the more onerous registration requirements under these reclassifications are barred. Unless and until the Pennsylvania State Police attempt to again reclassify Appellants, this time under Act 29, and this new reclassification is challenged, this issue is not before the Court.”
The appellants can file again if they are reclassified under Act 29.
https://fairlielaw.net/pennsylvanias-megans-law-is-unconstitutional/
Read this!!
It’s great to see that courts are finding Pennsylvania’s attempts to fix their unconstitutional registration laws still fall short, and that the changes are “illusory”.
Those are not blanket rulings.
No doubt the Rightists will continue to try stick it to SOs with amended or new SOR legislation. Also not a doubt is the PA courts are, apparently, not going to stand for it any more.
Thank you Supreme Court of Pennsylvania