Sponsors (14)
Clarifies that ATMs and cash moved to/from ATMs are legally treated as in a bank’s custody for federal bank-robbery law and defines “ATM.”
Official title: To amend title 18, United States Code, to clarify that ATMs are in the care, custody, control, management, or possession of, any bank, credit union, or any savings and loan association regardless of whether the ATM is located on the physical premises of such an institution.
Introduced February 26, 2025 by John Rose · Last progress February 26, 2025
The bill clarifies and expands federal protection for ATMs (including off‑premises and third‑party machines) to improve prosecution and deter theft, but it raises legal exposure and potential costs that may be passed on to smaller institutions and ATM users.
Banks, credit unions, thrifts, and law enforcement gain clearer federal criminal protection and prosecutorial authority when ATMs or cash‑in‑transit are stolen or attacked, making it easier to pursue perpetrators.
Financial institutions and law enforcement get clearer definitions of which terminals qualify as ATMs under federal law, reducing legal uncertainty about access‑device crimes and compliance obligations.
Customers and financial institutions may see fewer ATM thefts and related harms because treating off‑premises or third‑party ATMs as bank property creates stronger incentives for improved ATM security and deterrence.
Customers who use third‑party or offsite ATMs may face higher ATM or account fees if banks and credit unions pass along increased security, insurance, or compliance costs.
Smaller banks and credit unions that rely on third‑party ATM operators could incur higher compliance, insurance, or operational costs to address expanded legal exposure, potentially straining small institutions.
Banks and ATM sponsors could face increased liability or greater prosecutorial scrutiny for crimes occurring at third‑party or offsite ATMs they don't operate, exposing sponsors to legal risk.
Based on analysis of 2 sections of legislative text.
Amends the federal bank-robbery statute to define ATMs and treat ATMs and cash being moved to or from ATMs as if they are in the custody or possession of a bank, credit union, or savings and loan association. The change applies whether or not the ATM sits on the institution’s property or is owned/operated by the institution. The amendment also adds a statutory definition of “ATM” to cover network-connected teller terminals that use a payment card or other access device and that allow withdrawals, deposits, or balance inquiries, and it explicitly includes ATMs that are owned, operated, or sponsored by banks, credit unions, or savings and loan associations.