‘(a) In General- Except as provided in subsection (d), an inmate of a prison convicted of a crime of violence who knowingly deposits for mailing or delivery, or knowingly causes to be delivered by mail, any property, article, or object, with intent that the property, article, or object be placed in interstate or foreign commerce, shall be fined under this title and imprisoned not less than 6 months and not more than 10 years. Any term of imprisonment imposed under this subsection shall run consecutive to any other term of imprisonment.
‘(b) Period of Limitations- An indictment for any offense punishable under this section may be found at any time without limitation.
‘(c) Guidelines- The Director of the Bureau of Prisons and the head of the department of corrections, or other similar agency, for any State may promulgate uniform guidelines to restrict the privileges of any inmate of a prison that violates this section.
‘(d) Exception- An inmate of a prison may mail or deliver or cause to be delivered by mail title to real property, title to motor vehicles, or a security if--
‘(1) the mailing or delivery is to satisfy debt that is--
‘(A) imposed by law or a court order, including--
‘(i) support obligations;
‘(ii) property taxes;
‘(iii) income taxes;
‘(iv) back taxes;
‘(v) a legal judgment, fine, or restitution;
‘(vi) fees to cover the cost of incarceration, including fees for health care while incarcerated imposed under section 4048; and
‘(vii) other financial obligations mandated by law or a court order; or
‘(B) incurred through a contract for--
‘(i) legal services;
‘(ii) a mortgage on the primary residence of the immediate family of the inmate;
‘(iii) the education or medical care of the inmate or a member of the immediate family of the inmate; or
‘(iv) life, health, home, or car insurance; or
‘(2) the consent of the inmate is required by law to transfer title for real property, a motor vehicle, or security, where a person who is not incarcerated in a prison is the owner or a co-owner of that real property, motor vehicle, or security.
‘(e) Definitions- In this section--
‘(1) the term ‘prison’--
‘(A) means a Federal or State correctional, detention, or penal facility or any prison, institution, or facility in which persons are held in custody by direction of, or pursuant to a contract or agreement with, the Attorney General of the United States or a State; and
‘(B) does not include a halfway house or location where an individual is under home confinement;
‘(2) the term ‘security’ means--
‘(A) a note, stock certificate, treasury stock certificate, bond, treasury bond, debenture, certificate of deposit, interest coupon, bill, check, draft, warrant, debit instrument (as that term is defined in section 916(c) of the Electronic Fund Transfer Act (15 U.S.C. 1693n(c))), money order, traveler’s check, letter of credit, warehouse receipt, negotiable bill of lading, evidence of indebtedness, certificate of interest in or participation in a profit-sharing agreement, collateral-trust certificate, pre-reorganization certificate of subscription, transferable share, investment contract, or voting trust certificate;
‘(B) a certificate of interest in, certificate of participation in, certificate for, receipt for, or warrant or option or other right to subscribe to or purchase any item described in subparagraph (A); or
‘(C) a blank form of any item described in subparagraph (A) or (B); and
‘(3) the terms ‘State’ and ‘support obligation’ have the meanings given those terms in section 228.’.
(b) Technical and Conforming Amendment- The table of sections for chapter 87 of title 18, United States Code, is amended by adding at the end the following:
‘1794. Restrictions on the mailing and delivery privileges of State and Federal prisoners for commercial purposes.’.
U.S. Congress - Text of S.3468 as Introduced in Senate Stop the Sale of Murderabilia to Protect the Dignity of Crime Victims Act of 2010
