H.R.1631 - Safe Access to Cash Act of 2025 (119th Congress)
Summary
H.R. 1631, the Safe Access to Cash Act of 2025, aims to amend Title 18 of the United States Code to clarify that ATMs are under the care, custody, control, management, or possession of banks, credit unions, or savings and loan associations, regardless of their physical location. This clarification seeks to enhance the legal protection of ATMs and the cash they contain. The bill defines 'ATM' and specifies that cash in transit to or from ATMs is also covered under this protection.
Expected Effects
The primary effect of this bill would be to strengthen the legal framework for prosecuting crimes related to ATMs. By explicitly defining ATMs as being under the control of financial institutions, it aims to deter robberies and related offenses. This could lead to reduced losses for financial institutions and potentially lower insurance costs.
Potential Benefits
- Increased Security for ATMs: Clarifies legal protection for ATMs, potentially deterring robberies.
- Reduced Financial Losses: Banks and credit unions may experience fewer losses due to ATM-related crimes.
- Enhanced Law Enforcement: Provides clearer legal grounds for prosecuting ATM-related offenses.
- Potential Insurance Benefits: Reduced risk of ATM crime could lead to lower insurance premiums for financial institutions.
- Public Safety: By deterring ATM robberies, the bill contributes to overall public safety.
Potential Disadvantages
- Potential for Over-Criminalization: Broadening the definition could lead to unintended consequences in prosecuting minor offenses.
- Increased Enforcement Costs: More stringent enforcement could strain law enforcement resources.
- Limited Impact on Sophisticated Crime: May not deter highly organized or sophisticated criminal operations.
- Possible Privacy Concerns: Increased surveillance and monitoring of ATMs could raise privacy issues.
- Focus on Symptoms, Not Causes: The bill addresses the symptom of ATM crime without addressing underlying economic or social issues.
Constitutional Alignment
The bill appears to align with the Commerce Clause (Article I, Section 8, Clause 3) by regulating activities that affect interstate commerce, as financial institutions and electronic fund transfers are integral to the national economy. It also falls under the purview of Congress to define and punish crimes (Article I, Section 8, Clause 10). The bill does not appear to infringe upon any specific constitutional rights or freedoms.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).