H.R. 3398 – Reading Mode

118th CONGRESS

1st Session

H. R. 3398

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.

Short title

This Act may be cited as the Safe Access to Cash Act of 2023.

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:

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.