Rosenberger v. Wolf, 110719 PACCA, 283 M.D. 2018

Docket Nº:283 M.D. 2018
Opinion Judge:CHRISTINE FIZZANO CANNON JUDGE.
Party Name:Dana Rosenberger, Petitioner v. Governor Tom Wolf, Pennsylvania General Assembly, Pennsylvania State Police, Respondents
Judge Panel:BEFORE: HONORABLE RENÉE COHN JUBELIRER, Judge, HONORABLE P. KEVIN BROBSON, Judge, HONORABLE CHRISTINE FIZZANO CANNON, Judge.
Case Date:November 07, 2019
Court:Commonwealth Court of Pennsylvania
 
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Dana Rosenberger, Petitioner

v.

Governor Tom Wolf, Pennsylvania General Assembly, Pennsylvania State Police, Respondents

No. 283 M.D. 2018

Commonwealth Court of Pennsylvania

November 7, 2019

OPINION NOT REPORTED

Submitted: September 6, 2019

BEFORE: HONORABLE RENÉE COHN JUBELIRER, Judge, HONORABLE P. KEVIN BROBSON, Judge, HONORABLE CHRISTINE FIZZANO CANNON, Judge.

MEMORANDUM OPINION

CHRISTINE FIZZANO CANNON JUDGE.

Before the Court, in our original jurisdiction, is the Application for Summary Relief (Application) filed by Dana Rosenberger (Petitioner) seeking relief from his lifetime sexual offender registration requirement in Pennsylvania under the Act of February 21, 2018, P.L. 27 (Act 10), 42 Pa.C.S. §§ 9799.10-9799.75, as amended by Act of June 12, 2018, P.L. 140 (Act 29) (collectively, Act 10 or SORNA II). For the reasons stated herein, we deny the Application.

By way of brief statutory background, beginning in 1995, Pennsylvania's General Assembly has enacted a series of statutes and amendments requiring sex offenders living within the Commonwealth to register for varying periods of time with the Pennsylvania State Police (PSP) based on their convictions for certain sexual offenses. The General Assembly enacted the first of these statutes, commonly known as Megan's Law I, former 42 Pa.C.S. §§ 9791-9799.6, in 1995, followed five years later, in 2000, by what is commonly known as Megan's Law II, former 42 Pa.C.S. §§ 9791-9799.7. In 2004, the General Assembly enacted what is commonly known as Megan's Law III, former 42 Pa.C.S. §§ 9791-9799.9, which remained in effect until the enactment of the Sexual Offender Registration and Notification Act (SORNA I), 42 Pa.C.S. §§ 9799.10-9799.41, in 2012. On July 19, 2017, the Pennsylvania Supreme Court handed down the decision in Commonwealth v. Muniz, 164 A.3d 1189 (Pa. 2017), which held that SORNA I violated the ex post facto clauses of the United States and Pennsylvania Constitutions by increasing registration obligations on certain sex offender registrants. Thereafter, in 2018, to clarify that sex offender registration provisions were not ex post facto punishment, the General...

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