US Senate Puts ATM Theft on a Par With Bank Robbery

 

The U.S. Senate has taken a significant step in cracking down on the surge in ATM thefts by advancing federal legislation that would make thefts from off-site automatic teller machines (ATMs) punishable under the same framework as traditional bank robbery. The bipartisan Safe Access to Cash Act — introduced by Senators Ted Cruz (R-TX) and Ruben Gallego (D-AZ) — seeks to amend the Federal Bank Robbery Act of 1934 to extend federal criminal penalties to robberies of standalone ATMs located outside banks, such as those at malls, convenience stores and other public places. This change comes in response to rising ATM thefts nationwide, with thieves targeting machines that can contain as much as $250,000 in cash and are perceived as easier targets than bank branches.

Supporters argue that the current law protects only financial institutions, leaving standalone ATMs — which play a vital role in everyday cash access for consumers and small businesses — inadequately safeguarded. By placing ATM theft on a par with bank robbery under federal law, lawmakers hope to strengthen deterrence, streamline prosecution and protect both citizens and first responders from increasingly brazen criminal activity.

Key Highlights

• New federal bill: The Safe Access to Cash Act would ensure thefts of standalone ATMs receive federal penalties equivalent to bank robbery.
• Current legal gap: The existing Federal Bank Robbery Act of 1934 applies only to banks and financial institutions, not off-site ATMs.
• Bipartisan sponsors: U.S. Senators Ted Cruz (R-TX) and Ruben Gallego (D-AZ) introduced the bill with broad industry support.
• Industry backing: The legislation is supported by groups including the American Bankers Association, National ATM Council and Retail Industry Leaders Association.
• Rising crime concerns: ATM thefts have surged across cities such as Houston, Chicago and Philadelphia, prompting calls for stronger deterrence.

Why This Bill Matters

Closing a Legal Loophole

Under current federal law, only robberies that occur on the physical premises of banks or financial institutions are covered by the Federal Bank Robbery Act of 1934, which carries significant criminal penalties. Standalone ATMs — such as those in shopping malls, convenience stores and gas stations — are not explicitly covered, meaning offenders can sometimes face lesser charges under state laws that vary widely in severity. The Safe Access to Cash Act would change this by amending Title 18 of the U.S. Code to explicitly include ATM theft regardless of location.

Deterring Organized Crime

Senators Cruz and Gallego — as well as industry groups backing the bill — argue that ATM theft is no longer a series of sporadic petty crimes but has evolved into organised operations. ATMs can be robbed in minutes and may hold significant amounts of cash, making them lucrative targets. Federal penalties could act as a deterrent and give prosecutors greater leverage to pursue those involved in nationwide theft rings.

Protecting Small Businesses and Consumers

ATMs serve as critical access points for cash, especially in areas underserved by traditional banking services. Theft of these machines not only disrupts access to money but also puts retail workers and bystanders at risk. By applying serious federal penalties, supporters believe the bill will help safeguard communities and reduce the burden on local law enforcement.

Legislative Status and Next Steps

• Senate introduction: The bill (S.3798) was introduced on February 5, 2026, and read twice before being referred to the Senate Judiciary Committee for further consideration.
• Committee review: The bill’s progress hinges on committee hearings, possible amendments, and eventual floor votes in both the Senate and House of Representatives.
• Industry and advocacy support: The measure has drawn backing from a range of industry associations concerned with cash access and criminal deterrence.

If passed, the Safe Access to Cash Act would mark one of the most substantial modern updates to federal robbery law in decades — bringing ATM theft into alignment with long-established penalties for robbing banks

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