Advocating for Stiffer ATM Crime Penalties – at the Federal and State Levels (Updated)

After many months of effort, Representatives Rose and Maloney introduced House Bill 9248, the “Safe Access to Cash Act”. The bill would make it a federal crime to “by force and violence, or by intimidation, willfully take, or attempt to take, from any person using, loading cash into, or servicing, or attempting to use, load cash into, or service, or having just used, loaded cash into, or serviced, an ATM . . .”.  Penalties include a fine and/or up to 20 years in prison. ATMIA is hopeful that this measure will be taken up and passed during the “lame duck” session of Congress this year.

Texas passed a bill last year making ATM crime a felony. At the state level, the most recent bill signed into law on April 1 is Kansas HB 483. Damages of $1,500 or more are considered a felony. The seriousness increases in levels up to more than $100,000. Although it had appeared that Missouri passed a similar law (HB 1472), the ATM crime language was amended out of the bill, making penalties applicable to money laundering only.