[J-33-2016] [MO: Dougherty, J.]
IN THE SUPREME COURT OF PENNSYLVANIA
MIDDLE DISTRICT
COMMONWEALTH OF PENNSYLVANIA, : No. 28 MAP 2015
:
Appellee : Appeal from the Order of the Superior
: Court dated September 18, 2014 at No.
: 1659 MDA 2013 affirming the Judgment
v. : of Sentence of the Court of Common
: Pleas of Lancaster County, Criminal
: Division, dated August 16, 2013 at No.
THOMAS MICHAEL LUTZ-MORRISON, : CR-36-0003611-2012
:
Appellant : ARGUED: March 8, 2016
DISSENTING OPINION
JUSTICE TODD DECIDED: August 15, 2016
I agree with the majority that this appeal is effectively controlled by today's
decision in A.S. v. Pa. State Police, 24 MAP 2014, J-36-2016 (Pa. filed Aug. 15, 2016).
In that case, I expressed my dissenting view that Megan's Law II's provision that "[a]n
individual with two or more convictions of any of the offenses set forth in" 42 Pa.C.S. §
9795.1(a) "shall be subject to lifetime registration" as a sexual offender, 42 Pa.C.S. §
9795.1(b)(1), clearly and unambiguously provides that any individual who accrues
multiple convictions of offenses set forth in Section 9795.1(a) is subject to lifetime
registration as a sexual offender. See A.S., 24 MAP 2014, J-36-2016 (Todd, J.,
dissenting). In my view, SORNA's analogous provision, that an individual with "[t]wo or
more convictions of offenses listed as Tier I or Tier II sexual offenses" is subject to
lifetime registration, 42 Pa.C.S. §§ 9799.14(d)(16); see also 9799.15(a)(1)-(3), likewise
clearly and unambiguously provides that any individual who accrues multiple
convictions of Tier I or Tier II sexual offenses must register for life. Accordingly, I
respectfully dissent.
[J-33-2016] [MO: Dougherty, J.] - 2