[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3798 Introduced in Senate (IS)]
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119th CONGRESS
2d Session
S. 3798
To amend title 18, United States Code, to establish criminal offenses
with respect to violations involving ATMs, regardless of whether the
ATM is located on the physical premises of a financial institution, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 5, 2026
Mr. Cruz (for himself and Mr. Gallego) introduced the following bill;
which was read twice and referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend title 18, United States Code, to establish criminal offenses
with respect to violations involving ATMs, regardless of whether the
ATM is located on the physical premises of a financial institution, 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 2026''.
SEC. 2. OFFENSES RELATED TO ATM ROBBERY AND INCIDENTAL CRIMES.
(a) 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
or violence, or by intimidation, takes, or attempts to take, or
conspires to take, any property or money or any other thing of value
from any person using or servicing, or attempting to use or service, an
ATM, or from any person having used or serviced an ATM, where the
offense is committed in connection with such use or service, or from
any owner or operator of any network-connected ATM while such person is
engaged in transporting or delivering property 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
operator, or who extorts or attempts or conspires to obtain by
extortion, any property or money or any other thing of value from any
such person described in this subsection, shall be fined under this
title or imprisoned not more than 20 years, or both.
``(b) Offenses Against Property.--
``(1) Offenses exceeding $1,000.--Whoever breaks into,
tampers with, damages, removes, steals, or attempts to break
into, tamper with, damage, remove, or steal any ATM without
authorization of the owner or operator of any such ATM, and
removes or attempts to remove any property or money from any
such ATM exceeding $1,000, shall be fined under this title or
imprisoned not more than 10 years, or both.
``(2) Offenses not exceeding $1,000.--Whoever breaks into,
tampers with, damages, removes, steals, or attempts to break
into, tamper with, damage, remove, or steal any ATM without
authorization of the owner or operator of any such ATM, and
does not remove or attempt to remove any property or money from
any such ATM exceeding $1,000, shall be fined under this title
or imprisoned not more than 1 year, or both.
``(c) Receipt, Possession, Concealment, Storage, Barter, Sale, or
Disposal of Property Acquired Unlawfully Under This Section.--Whoever
receives, possesses, conceals, stores, barters, sells, or disposes of,
any property or money or other thing of value that has been taken in
violation of subsection (a) or (b), or conspires to do so, knowing the
same to be property that has been unlawfully taken, shall be subject to
the punishment provided in subsection (a) or (b), as applicable, for
the taker.
``(d) Assault in Connection With Offenses.--Whoever, in committing,
or in attempting to commit, any offense defined in subsection (a) or
(b), forcibly assaults any person, or puts in jeopardy the life of any
person by the use of a dangerous weapon or device, shall be fined under
this title or imprisoned not more than 25 years, or both.
``(e) Killing or Forcible Accompaniment in Connection With
Offenses.--Whoever, in committing any offense defined in this section,
or in avoiding or attempting to avoid apprehension for the commission
of such offense, or in freeing himself or attempting to free himself
from arrest or confinement for such offense, kills any person, or
forces any person to accompany the offender without the consent of such
person, shall be imprisoned not less than 10 years, or, if death
results, shall be punished by life imprisonment.
``(f) Definitions.--In this section:
``(1) ATM.--The term `ATM'--
``(A) means any network-connected automated teller
machine terminal that is connected to 1 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
automated teller machine of a card or other access
device, as defined in section 1029(e)(1), issued or
authorized by such depository institution, to access
the account of the depositor for the purpose of making
withdrawals from or deposits to such account, or making
inquiry as to the balance in such account; and
``(B) includes any automated teller machine owned,
operated, or sponsored by a bank, credit union, or any
savings and loan association, regardless of whether--
``(i) the automated teller machine is
located on the physical premises of such an
institution; or
``(ii) the automated teller machine is
owned or operated by such an institution.
``(2) Bank; credit union; savings and loan association.--
The terms `bank', `credit union', and `savings and loan
association' have the meanings given those terms in section
2113.
``(3) Extortion.--The term `extortion' has the meaning
given the term in section 1951(b)(2).
``(g) Included Offenses.--The offenses defined in subsections (a)
and (b) include any such offense committed against or involving an ATM,
or any person using or servicing, or attempting to use or service, or
against a person having used or serviced an ATM, where the offense is
committed in connection with, or by reason of, such use or service, and
any such offense against any owner or operator of an ATM while such
person is engaged in transporting or delivering property that is to be
loaded into an ATM, or against any person engaged in such transport or
delivery under contract with, or employment by, any such owner or
operator.''.
(b) 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.''.
SEC. 3. OFFENSES RELATED TO BANK ROBBERY AND INCIDENTAL CRIMES.
Section 2113(a) of title 18, United States Code, is amended--
(1) in the first paragraph, by striking ``force and
violence'' and inserting ``force or violence''; and
(2) by inserting ``or conspires to take,'' before ``from
the person or presence of another,''.
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