Title: Safe Access to Cash Act of 2022
Policy area: Crime and Law Enforcement

Summary:
Safe Access to Cash Act of 2022
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).


[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9248 Introduced in House (IH)]

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117th CONGRESS
  2d Session
                                H. R. 9248

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 28, 2022

    Mrs. Carolyn B. Maloney of New York (for herself and Mr. Rose) 
 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 2022''.

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''.
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