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Defines what counts as an ATM under federal bank robbery law and makes clear that an ATM—and cash being moved to or from it—is legally in the custody of the bank, credit union, or savings and loan. This applies even when the ATM is off-site or owned/operated by a third party. By clarifying custody, federal prosecutors can more clearly charge thefts, smash‑and‑grabs, or robberies involving ATMs under existing federal bank robbery and bank larceny statutes. It does not create new crimes, change penalties, or spend money; it tightens definitions to aid enforcement and deterrence.
Adds a definition of “ATM” (new subsection (i)): any network-connected automated teller machine terminal that is connected to global, national, or regional electronic financial networks and that allows 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 18 U.S.C. § 1029), to access the depositor’s account to make withdrawals, deposits, or balance inquiries; includes ATMs owned, operated, or sponsored by a bank, credit union, or savings and loan association.
Adds a rule about custody/possession (new subsection (j)): for purposes of the section, an ATM and any cash in transit to or being loaded into or unloaded from an ATM shall be considered to be in the care, custody, control, management, or possession of any bank, credit union, or savings and loan association, regardless of whether the ATM is located on the institution’s physical premises or whether the ATM is owned or operated by the institution.
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Referred to the House Committee on the Judiciary.
Introduced February 26, 2025 by John Rose · Last progress February 26, 2025
Referred to the House Committee on the Judiciary.
Introduced in House