Commonwealth v. Bundy
96 A.3d 390
| Pa. Super. Ct. | 2014Background
- Appellant Lloyd Bundy challenged Megan’s Law registration as applied retroactively.
- He pleaded to indecent assault and corruption of minors in 2009 and received probationary terms.
- Act 111 (2011) added Megan’s Law registration for sexually violent offenses, effective Dec 20, 2012.
- Act 19 (2014) amended Megan’s Law, creating 42 Pa.C.S. § 9799.13(3.1) with retroactivity to 2012.
- Bundy was informed he could be subject to registration under the amended scheme, triggering the petition.
- Trial court treated the petition as a PCRA matter and dismissed as untimely/meritless; appellate review followed the statutory changes and held Bundy not subject to registration.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the petition falls under PCRA or is a proper challenge to retroactive Megan’s Law | Bundy argues PCRA does not govern retroactive registration | Commonwealth argues PCRA dismissal appropriate | PCRA does not govern retroactive Megan’s Law challenges; appellate review authorized |
| Whether § 9799.13(3.1) creates exceptions that apply to Bundy | Bundy falls within 3.1(i)(A)/(ii) exceptions | Registration required under prior scheme unless exceptions apply | Bundy not subject to registration under 3.1(ii)(B) as indecent assault (2nd-degree Misd.) exception applies |
| How 1 Pa.C.S. § 1933 governs conflicts between general and special provisions | Implied conflict between §9799.13(2) and (3.1) resolved by general to specific rule | Specific provision controls over general | 3.1 controls over 2; 3.1 governs over §9799.13(2) when in conflict |
Key Cases Cited
- Commonwealth v. Masker, 34 A.3d 841 (Pa.Super.2011) (SVP challenges not cognizable under PCRA)
- Commonwealth v. Partee, 86 A.3d 245 (Pa.Super.2014) (Megan’s Law retroactivity not under PCRA; review merits)
- Commonwealth v. Benner, 853 A.2d 1068 (Pa.Super.2004) (Megan’s Law retroactivity of registration; merits review)
- Commonwealth v. Hainesworth, 82 A.3d 444 (Pa.Super.2013) (Retroactive SORNA registration; plea agreement considerations)
- PaHee, 86 A.3d 246 (Pa.Super.2014) (Petition to avoid retroactive Megan’s Law not PCRA; relief on merits)