IN THE COMMONWEALTH COURT OF PENNSYLVANIA T.S., : Petitioner : : v. : No. 129 M.D. 2019 : Argued: February 12, 2020 Pennsylvania State Police, : Respondent : BEFORE: HONORABLE MARY HANNAH LEAVITT, President Judge HONORABLE RENÉE COHN JUBELIRER, Judge HONORABLE P. KEVIN BROBSON, Judge HONORABLE MICHAEL H. WOJCIK, Judge HONORABLE CHRISTINE FIZZANO CANNON, Judge HONORABLE ELLEN CEISLER, Judge HONORABLE J. ANDREW CROMPTON, Judge OPINION BY JUDGE COHN JUBELIRER FILED: May 11, 2020 Presently before the Court is T.S.’s (Petitioner) Application for Summary Relief (Application) on his Petition for Review (Petition) filed in our original jurisdiction. Petitioner seeks mandamus and declaratory relief against the Pennsylvania State Police (PSP), challenging as unconstitutional as applied subchapter I of the most recent enactment of a sexual offender registration scheme, Act of February 21, 2018, P.L. 27 (Act 10), 42 Pa.C.S. §§ 9799.10-9799.75, as amended by the Act of June 12, 2018, P.L. 140 (Act 29) (collectively, Act 29 1). In 1 As the parties, for simplicity, refer in their briefs to the current law as “Act 29,” we will do the same. this case of first impression in our Court, Petitioner, who committed and was convicted and sentenced for his offenses before any sexual offender registration scheme existed, argues that the provisions of subchapter I of Act 29 governing his lifetime registration are punitive as applied in violation of the ex post facto clauses of the United States and Pennsylvania Constitutions.2 Relying upon the Pennsylvania Supreme Court’s decision in Commonwealth v. Muniz, 164 A.3d 1189 (Pa. 2017), cert. denied, __ U.S. __, 136 S. Ct. 925 (2019), in which the Supreme Court determined Act 29’s predecessor, the Sexual Offender Registration and Notification Act3 (SORNA), violated the federal and state ex post facto clauses, Petitioner contends subchapter I of Act 29 raises the same constitutional concerns. Upon review, and following the analysis and reasoning set forth by our Supreme Court in Muniz, we conclude that although the General Assembly had a nonpunitive purpose, subchapter I of Act 29 as applied to Petitioner, who committed his offenses before any registration scheme was enacted, is punitive. We grant in part and deny in part the Application, and order PSP not to apply subchapter I of Act 29 to Petitioner, which will result in his removal from the sexual offender registry (Registry). 2 “No . . . ex post facto Law shall be passed.” U.S. CONST. art. I, § 9, cl. 3. “No ex post facto law . . . shall be passed.” PA. CONST. art. I, § 17. 3 Former 42 Pa.C.S. §§ 9799.10-9799.41. 2 I. History of Sexual Offender Laws in Pennsylvania A. Development of the Law A brief overview of the history of sexual offender registration schemes in the Commonwealth and the relevant provisions of Act 29 is necessary before addressing Petitioner’s ex post facto claims. Act 29 is the fifth iteration of the law commonly referred to as Megan’s Law. The prior iterations have all been struck down, or struck down in part, ...
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