By Josiah . . .
Dec. 23, 2020
The Pennsylvania Supreme Court (SCOPA) has relied on Commonwealth v. Lacombe in the ruling of T.S. v. PA State Police (PSP). T.S. argued that PA’s SORNA Subchapter I violated the Federal and State Ex Post Facto Clauses. The basis of his argument is on the fact that his offense occurred prior to the enactment of any PA registry. The problem is that SCOPA had already ruled in Lacombe that Subchapter I is non-punitive hence it does not violate ex post facto therefore cementing the current registry scheme as a civil collateral consequence. Be on the lookout, I will shortly be publishing an article on the short comings of ex post facto challenges.