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.).

    `(b) Offenses-

      `(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