Family of slain ATM technician calls on Congress to pass Safe Access to Cash Act

The family of Kenny Gerstley, who was shot in January 2021 while working on an ATM in west Baltimore, Maryland is calling on Congress to make all ATM theft a federal crime. The murder of Gerstley is currently unsolved, according to a report by WBAL.

In particular, the family spoke on Capital Hill about a bill called Safe Access to Cash Act, which aims to bring ATM crimes under federal authority. The bill was first introduced by The National ATM Council in 2022.

The bill aims to both bring in the FBI to investigate independently-owned ATMs as bank robbery crimes and to increase sentences for such crimes.

"The current federal bank robbery criminal law statutes have been interpreted to only cover bank-owned ATMs. Although we feel that current federal law should properly be interpreted to also cover bank-sponsored independent ATMs, the technical wording of the statute can be read to support the limitations that the FBI sees as present in its interpretation of the current statute — namely that only FI-owned ATMs are covered," Bruce Renard, executive director of The National ATM Council Inc. said in an article published November 2022. "The FBI has informally agreed that this is a technical distinction that in not necessarily equitable or good public policy — but is nonetheless the way the current statute is worded…and based on my review [as an attorney of 42 years in practice], I can see where they are coming from."

The bill has received bipartisan support, including Glen Ivey, democratic representative from Maryland.

"Where the ATM is shouldn't matter," Ivey told the news outlet. "We want to make sure that gets the same treatment, a financial institution or not."

The bill has been introduced to the House of Representatives for consideration.