Safe Access to Cash Act of 2023

To establish criminal offenses with respect to violations involving ATMs, and for other purposes. 1. Short title This Act may be cited as the Safe Access to Cash Act of 2023 2. Offenses (a) Automated Teller Machines (1) In general Chapter 103 section 2113 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 (2) Bank; credit union; savings and loan association The terms bank credit union savings and loan association . (2) Clerical amendment The table of sections for chapter 103 section 2113 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 of this section (2) in subsection (e), by inserting or in section 2113A this section

Summary: Safe Access to Cash Act of 2023 This bill establishes a new federal statutory framework to govern robbery offenses involving ATMs and related conduct. Currently, the federal bank robbery statute makes it a federal crime to take or attempt to take by force and violence or by intimidation, money or other property from any bank, credit union, or savings and loan association. A violation is punishable by a statutory maximum prison term of 20 years (or 25 years, if the offense includes assault or use of a dangerous weapon). However, federal circuit courts have split on whether forcing someone to withdraw money from an ATM qualifies as an offense under the federal bank robbery statute. In United States v. Chavez, the Fifth Circuit Court of Appeals held that the bank customer, rather than the bank, had possession of the funds when the robbery occurred, so a necessary element of the federal bank robbery statute--that the money belonged to the bank--was not satisfied. In contrast, the Tenth, Seventh, and Fourth Circuits have held that directly forcing a bank customer to withdraw money from an ATM constitutes a federal bank robbery because the funds belonged to the bank when the withdrawal occurred. This bill establishes new statutory criminal offenses for ATM robbery and related offenses such as ATM theft. A violation is subject to the same criminal penalties as an offense under the federal bank robbery statute--a statutory maximum prison term of 20 years (or 25 years, if the offense includes assault or use of a dangerous weapon).