Safe Access to Cash Act of 2023

I 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Safe Access to Cash 4 Act of 2023’’. 5 SEC. 2. OFFENSES. 6 (a) AUTOMATED TELLER MACHINES.— 7 (1) IN GENERAL.—Chapter 103 of title 18, 8 United States Code, is amended by inserting after 9 section 2113 the following: 10 VerDate Sep 11 2014 22:40 Jun 01, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3398.IH H3398 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 3398 IH ‘‘§ 2113A. ATM robbery and incidental crimes 1 ‘‘(a) OFFENSES AGAINST ATM USERS AND 2 SERVICERS.—Whoever, by force and violence, or by intimi- 3 dation, willfully takes, or attempts to take, from any per- 4 son using, loading cash into, or servicing, or attempting 5 to use, load cash into, or service, or having just used, load- 6 ed cash into, or serviced, an ATM, or from any owner of 7 any network-connected ATM while such owner is engaged 8 in transporting or delivering cash that is to be inserted 9 into any such ATM, or from any person engaged in such 10 transport or delivery under contract with, or employment 11 by, any such owner, or who attempts to obtain by extor- 12 tion, any property or money or any other thing of value 13 from any such person, shall be fined under this title or 14 imprisoned not more than twenty years, or both. 15 ‘‘(b) OFFENSE AGAINST PROPERTY.—Whoever will- 16 fully breaks into, tampers with, damages, removes, steals, 17 or attempts to break into, tamper with, damage, remove, 18 or steal any ATM, or, without authorization of the owner 19 of any such ATM, removes or attempts to remove any 20 property or money from any such ATM, shall be fined 21 under this title or imprisoned not more than twenty years, 22 or both. 23 ‘‘(c) DEFINITIONS.—In this section: 24 ‘‘(1) ATM.—The term ‘ATM’ means any net- 25 work-connected automated teller machine terminal 26 VerDate Sep 11 2014 22:40 Jun 01, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3398.IH H3398 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 3398 IH that is connected to one or more of the global, na- 1 tional, or regional electronic financial networks that 2 allow a depositor of any bank, credit union, or sav- 3 ings and loan association, by use at such ATM of a 4 card or other access device, as defined in subsection 5 (e)(1) of section 1029 of this title, issued or author- 6 ized by such depository institution, to access such 7 depositor’s account for the purpose of making with- 8 drawals from or deposits to such account, or making 9 inquiry as to the balance in such account. 10 ‘‘(2) BANK; CREDIT UNION; SAVINGS AND LOAN 11 ASSOCIATION.—The terms ‘bank’, ‘credit union’, and 12 ‘savings and loan association’ have the meanings 13 given such terms in section 2113.’’. 14 (2) CLERICAL AMENDMENT.—The table of sec- 15 tions for chapter 103 of title 18, United States 16 Code, is amended by inserting after the item relating 17 to section 2113 the following: 18 ‘‘2113A. ATM robbery and incidental crimes.’’. (b) ENHANCEMENTS.—Section 2113 of title 18, 19 United States Code, is amended— 20 (1) in subsection (d), by inserting ‘‘or in section 21 2113A’’ after ‘‘of this section’’; and 22 (2) in subsection (e), by inserting ‘‘or in section 23 2113A’’ after ‘‘this section’’. 24 Æ VerDate Sep 11 2014 22:40 Jun 01, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\H3398.IH H3398 kjohnson on DSK79L0C42PROD with BILLS