Pennsylvania Supreme Court Strikes Down Act 152 of 2004 as Violative of the Single-Subject Rule of Art. III, Sec. 3 of the Pennsylvania Constitution

by | Jan 2, 2014

On December 16, 2013, the Pennsylvania Supreme Court struck down Act 152 of 2004 (“Act 152”), in its entirety, as violating the single-subject rule of Article III, Section 3 of the Pennsylvania Constitution.

Act 152 made various changes to the Pennsylvania Judicial Code, including portions which amended the version of Megan’s Law in effect at that time.  The Supremes stayed the decision for 90 days “in order to provide a reasonable amount of time for the General Assembly to consider appropriate remedial measures, or to allow for a smooth transition period.”

One of the criminal statutes stricken as part of this decision is 18 Pa.C.S. § 4915 (Failure to Comply with Registration of Sexual Offenders Requirements) (expired December 20, 2012), now replaced by the analog SORNA version at Section 4915.1 (effective December 20, 2012).  If you or a loved one has been convicted of Section 4915, there is a 60 day window to file a petition under the Post-Conviction Relief Act to attempt to have your conviction reversed.  Contact a criminal lawyer, like me, as soon as possible.

If you enjoyed this post, you might also like this article on Brady violations.

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