Safe Access to Cash Act of 2025

The Safe Access to Cash Act of 2025 would clarify federal law regarding crimes involving ATMs and cash. Currently, federal courts have disagreed on whether forcing someone to withdraw money from an ATM counts as bank robbery under federal law. The Fifth Circuit Court of Appeals ruled that such crimes do not qualify as federal bank robbery because the money belongs to the customer at the time of withdrawal. However, the Seventh and Tenth Circuit Courts reached the opposite conclusion, determining that the funds belong to the bank during the withdrawal process and therefore qualify as federal bank robbery.

This bill would resolve that legal disagreement by explicitly stating that ATMs and cash being loaded into or unloaded from ATMs are considered to be in the possession of banks, credit unions, and savings and loan associations for purposes of federal bank robbery law. This would mean that if enacted, forcing someone to withdraw cash from an ATM would be treated as a federal crime rather than potentially only a state crime. The practical effect would be to ensure consistent prosecution of ATM-related robbery across the country and potentially increase penalties for such crimes, as federal offenses typically carry stricter sentences than state crimes.