Com. v. Bethea, H.

• Court: Superior Court of Pennsylvania
• Decided: April 23, 2018
• Docket: 3454 EDA 2014
• Status: Published

Opinion

J-S61044-17

2018 PA Super 93

COMMONWEALTH OF : IN THE SUPERIOR COURT OF PENNSYLVANIA : PENNSYLVANIA : : v. : : : HILLARD BETHEA, : : No. 3454 EDA 2014 Appellant

Appeal from the Judgment of Sentence November 21, 2014 In the Court of Common Pleas of Philadelphia County Criminal Division at No(s): CP-51-CR-0005123-2008

BEFORE: LAZARUS, J., RANSOM, J., and PLATT*, J.

CONCURRING STATEMENT BY RANSOM, J.: FILED APRIL 23, 2018

I join in the Court’s disposition of this appeal, and I agree with the

Majority’s substantive analysis. Nevertheless, I write separately to clarify my

understanding of this Court’s holding in Commonwealth v. Butler, 173 A.3d

1212 (Pa. 2017).

In noting properly that the trial court adjudicated Appellant a Tier III

sexually violent predator under Megan’s Law, and not the Sex Offender

Registration and Notification Act, 42 Pa.C.S. §§ 9799.10-9799.41 (SORNA),

the Majority suggests this Court has determined that registration

requirements under SORNA are unconstitutional. I disagree.

In Butler, we did not hold that the SORNA registration requirements

are unconstitutional. Rather, citing in support concerns raised by the United

States Supreme Court in Alleyne v. Unites States, 133 S. Ct. 2151 (2013),

____________________________________ * Retired Senior Judge assigned to the Superior Court. J-S61044-17

and Apprendi v. New Jersey, 120 S. Ct. 2348 (2000), we held that a court

could not designate an individual a sexually violent predator (SVP) based upon

clear and convincing evidence:

Accordingly, we are constrained to hold that section 9799.24(e)(3) is unconstitutional and Appellant's judgment of sentence, to the extent it required him to register as an SVP for life, was illegal.

Butler, 173 A.3d at 1218; 42 Pa.C.S. § 9799.24(e)(3) (“At the hearing prior

to sentencing, the court shall determine whether the Commonwealth has

proved by clear and convincing evidence that the individual is a sexually

violent predator.”).

The effect of this conclusion on the SORNA registration requirements

was also addressed:

Moreover, we are constrained to hold trial courts cannot designate convicted defendants SVPs (nor may they hold SVP hearings) until our General Assembly enacts a constitutional designation mechanism. Instead, trial courts must notify a defendant that he or she is required to register for 15 years if he or she is convicted of a Tier I sexual offense, 25 years if he or she is convicted of a Tier II sexual offense, or life if he or she is convicted of a Tier III sexual offense.

Id. Thus, increased registration periods triggered by SVP status are not

permitted. Butler, 173 A.3d at 1218. However, SORNA registration

requirements based on the Tier classification system remain appropriate and

enforceable.

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