Legis Daily

Safe Access to Cash Act of 2023

USA118th CongressHR-3398| House 
| Updated: 5/17/2023
John W. Rose

John W. Rose

Republican Representative

Tennessee

Cosponsors (10)
David Kustoff (Republican)Bill Foster (Democratic)Andrew Ogles (Republican)Donald M. Payne (Democratic)Henry C. "Hank" Johnson (Democratic)Daniel Meuser (Republican)James R. Baird (Republican)Glenn Ivey (Democratic)Scott Fitzgerald (Republican)Julia Brownley (Democratic)

Judiciary Committee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
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).
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Timeline

Bill from Previous Congress

HR 117-9248
Safe Access to Cash Act of 2022
May 17, 2023
Introduced in House
May 17, 2023
Referred to the House Committee on the Judiciary.
  • Bill from Previous Congress

    HR 117-9248
    Safe Access to Cash Act of 2022


  • May 17, 2023
    Introduced in House


  • May 17, 2023
    Referred to the House Committee on the Judiciary.

Crime and Law Enforcement

Safe Access to Cash Act of 2023

USA118th CongressHR-3398| House 
| Updated: 5/17/2023
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).
View Full Text

Suggested Questions

Get AI-generated questions to help you understand this bill better

Timeline

Bill from Previous Congress

HR 117-9248
Safe Access to Cash Act of 2022
May 17, 2023
Introduced in House
May 17, 2023
Referred to the House Committee on the Judiciary.
  • Bill from Previous Congress

    HR 117-9248
    Safe Access to Cash Act of 2022


  • May 17, 2023
    Introduced in House


  • May 17, 2023
    Referred to the House Committee on the Judiciary.
John W. Rose

John W. Rose

Republican Representative

Tennessee

Cosponsors (10)
David Kustoff (Republican)Bill Foster (Democratic)Andrew Ogles (Republican)Donald M. Payne (Democratic)Henry C. "Hank" Johnson (Democratic)Daniel Meuser (Republican)James R. Baird (Republican)Glenn Ivey (Democratic)Scott Fitzgerald (Republican)Julia Brownley (Democratic)

Judiciary Committee

Crime and Law Enforcement

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted