S 329
112th CONGRESS
1st Session
S. 329
To prohibit sex offenders from using property management or
maintenance functions to access the residence of an individual.
IN THE SENATE OF THE UNITED STATES
February 14, 2011
Mr. SCHUMER introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
A BILL
To prohibit sex offenders from using property management or
maintenance functions to access the residence of an individual.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Safety From Sex Offenders Act of 2011'.
SEC. 2. FINDINGS.
Congress finds the following:
(1) There are approximately 7,000,000 individuals in the United States
with multiple residences across State lines.
(2) When individuals have residences in multiple States, they often
resort to management companies and other individuals performing property
management or maintenance functions to maintain the property by entering
the property and performing necessary repairs and maintenance.
(3) Any residential building or unit can serve as a second residence
for an out-of-State resident.
(4) It is necessary to create national legislation to protect the
safety of individuals with multiple residences across State lines.
SEC. 3. SEX OFFENDERS AND PROPERTY MANAGEMENT.
(a) In General- Chapter 109B of title 18, United States Code, is amended
by adding at the end the following:
`Sec. 2250A. Sex offenders and property management
`(a) Definitions- In this section--
`(1) the term `covered sex offense' means any offense for which a
sex offender is convicted that requires the individual to register
under the Sex Offender Registration and Notification Act (42 U.S.C.
16901 et seq.);
`(2) the term `property manager' means a person who is a landlord
or property manager or provides property maintenance services to the
owner or lessor of a residence; and
`(3) the term `sex offender' means an individual required to register
under the Sex Offender Registration and Notification Act (42 U.S.C.
16901 et seq.).
`(1) PROVISION OF ACCESS- It shall be unlawful for a property manager
to provide to a sex offender a key or other means of access to a residence
for which the property manager is providing services, unless the owner
or lessor of the residence--
`(A) is notified of any covered sex offense committed by the sex
offender; and
`(B) provides a written authorization to provide the key or other
means of access to the sex offender.
`(2) SEX OFFENDERS- It shall be unlawful for a sex offender to, while
acting or purporting to act on behalf of a property manager, possess
a key or other means of access to a residence for which the property
manager is providing services, unless the owner or lessor of the residence--
`(A) is notified of any covered sex offense committed by the sex
offender; and
`(B) provides a written authorization to provide the key or other
means of access to the sex offender.
`(c) Penalties- Any person who violates paragraph (1) or (2) of subsection
(b) shall be fined under this title, imprisoned not more than 1 year,
or both.'.
(b) Conforming Amendment- The table of sections for chapter 109B of
title 18, United States Code, is amended by adding at the end the following:
`2250A. Sex offenders and property management.'.
END