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)]
<DOC>
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''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on the Judiciary.
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