S. 3798

119 S3798 IS: Safe Access to Cash Act of 2026
 U.S. Senate
 2026-02-05
 text/xml
 EN
 Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
 II  119th CONGRESS  2d Session  S. 3798  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.
1.
Short title
This Act may be cited as the   Safe Access to Cash Act of 2026  .
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:
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.
  .
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, .