Safe Access to Cash Act of 2023

Subjects: Crime and Law Enforcement


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3398 Introduced in House (IH)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                H. R. 3398

  To establish criminal offenses with respect to violations involving 
                     ATMs, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 17, 2023

  Mr. Rose (for himself and Mr. Ivey) introduced the following bill; 
          which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To establish criminal offenses with respect to violations involving 
                     ATMs, and for other purposes.

    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 ``Safe Access to Cash Act of 2023''.

SEC. 2. OFFENSES.

    (a) Automated Teller Machines.--
            (1) In general.--Chapter 103 of title 18, United States 
        Code, is amended by inserting after section 2113 the following:
``Sec. 2113A. ATM robbery and incidental crimes
    ``(a) Offenses Against ATM Users and Servicers.--Whoever, by force 
and violence, or by intimidation, willfully takes, or attempts to take, 
from any person using, loading cash into, or servicing, or attempting 
to use, load cash into, or service, or having just used, loaded cash 
into, or serviced, an ATM, or from any owner of any network-connected 
ATM while such owner is engaged in transporting or delivering cash that 
is to be inserted into any such ATM, or from any person engaged in such 
transport or delivery under contract with, or employment by, any such 
owner, or who attempts to obtain by extortion, any property or money or 
any other thing of value from any such person, shall be fined under 
this title or imprisoned not more than twenty years, or both.
    ``(b) Offense Against Property.--Whoever willfully breaks into, 
tampers with, damages, removes, steals, or attempts to break into, 
tamper with, damage, remove, or steal any ATM, or, without 
authorization of the owner of any such ATM, removes or attempts to 
remove any property or money from any such ATM, shall be fined under 
this title or imprisoned not more than twenty years, or both.
    ``(c) Definitions.--In this section:
            ``(1) ATM.--The term `ATM' means any network-connected 
        automated teller machine terminal that is connected to one or 
        more of the global, national, or regional electronic financial 
        networks that allow a depositor of any bank, credit union, or 
        savings and loan association, by use at such ATM of a card or 
        other access device, as defined in subsection (e)(1) of section 
        1029 of this title, issued or authorized by such depository 
        institution, to access such depositor's account for the purpose 
        of making withdrawals from or deposits to such account, or 
        making inquiry as to the balance in such account.
            ``(2) Bank; credit union; savings and loan association.--
        The terms `bank', `credit union', and `savings and loan 
        association' have the meanings given such terms in section 
        2113.''.
            (2) Clerical amendment.--The table of sections for chapter 
        103 of title 18, United States Code, is amended by inserting 
        after the item relating to section 2113 the following:

``2113A. ATM robbery and incidental crimes.''.
    (b) Enhancements.--Section 2113 of title 18, United States Code, is 
amended--
            (1) in subsection (d), by inserting ``or in section 2113A'' 
        after ``of this section''; and
            (2) in subsection (e), by inserting ``or in section 2113A'' 
        after ``this section''.
                                 &lt;all&gt;
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