[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 35 Introduced in House (IH)]
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119th CONGRESS
1st Session
H. R. 35
To impose criminal and immigration penalties for intentionally fleeing
a pursuing Federal officer while operating a motor vehicle.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 3, 2025
Mr. Ciscomani (for himself, Ms. De La Cruz, Mr. Higgins of Louisiana,
Mr. Weber of Texas, Mr. Stauber, Mr. Fitzgerald, Mrs. Houchin, Mr.
Meuser, Mr. Tony Gonzales of Texas, Ms. Tenney, Mr. Gimenez, Mr.
Feenstra, Mr. Ellzey, Mr. Valadao, Mr. Kustoff, Mrs. Miller-Meeks, Mr.
Nunn of Iowa, Mr. Scott Franklin of Florida, Mr. Buchanan, and Mrs.
Cammack) introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To impose criminal and immigration penalties for intentionally fleeing
a pursuing Federal officer while operating a motor vehicle.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as ``Agent Raul Gonzalez Officer Safety
Act''.
SEC. 2. CRIMINAL PENALTIES FOR EVADING ARREST OR DETENTION.
(a) In General.--Chapter 2 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 40B. Evading arrest or detention while operating a motor vehicle
``(a) Offense.--A person commits an offense under this section by
operating a motor vehicle within 100 miles of the United States border
while intentionally fleeing from--
``(1) a pursuing U.S. Border Patrol agent acting pursuant
to lawful authority; or
``(2) any pursuing Federal, State, or local law enforcement
officer who is actively assisting, or under the command of,
U.S. Border Patrol.
``(b) Penalties.--
``(1) In general.--Except as provided in paragraphs (2) and
(3), any person who commits an offense described in subsection
(a) shall be--
``(A) imprisoned for a term of not more than 2
years;
``(B) fined under this title; or
``(C) subject to the penalties described in
subparagraphs (A) and (B).
``(2) Serious bodily injury.--If serious bodily injury
results from the commission of an offense described in
subsection (a), the person committing such offense shall be--
``(A) imprisoned for a term of not less than 5
years and not more than 20 years;
``(B) fined under this title; or
``(C) subject to the penalties described in
subparagraphs (A) and (B).
``(3) Death.--If the death of any person results from the
commission of an offense described in subsection (a), the
person committing such offense shall be--
``(A) imprisoned for a term of not less than 10
years and up to life;
``(B) fined under this title; or
``(C) subject to the penalties described in
subparagraphs (A) and (B).''.
(b) Clerical Amendment.--The analysis for chapter 2 of title 18,
United States Code, is amended by adding at the end the following:
``40B. Evading arrest or detention while operating a motor vehicle.''.
SEC. 3. INADMISSIBILITY, DEPORTABILITY, AND INELIGIBILITY RELATED TO
EVADING ARREST OR DETENTION WHILE OPERATING A MOTOR
VEHICLE.
(a) Inadmissibility.--Section 212(a)(2) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)(2)) is amended by adding at the end
the following:
``(J) Evading arrest or detention while operating a
motor vehicle.--Any alien who has been convicted of,
who admits having committed, or who admits committing
acts which constitute the essential elements of a
violation of section 40B(a) of title 18, United States
Code, is inadmissible.''.
(b) Deportability.--Section 237(a)(2) of the Immigration and
Nationality Act (8 U.S.C. 1227(a)(2)) is amended by adding at the end
the following:
``(G) Evading arrest or detention while operating a
motor vehicle.--Any alien who has been convicted of,
who admits having committed, or who admits committing
acts which constitute the essential elements of a
violation of section 40B(a) of title 18, United States
Code, is deportable.''.
(c) Ineligibility for Relief.--Chapter 2 of title II of the
Immigration and Nationality Act is amended by inserting after section
208 the following:
``SEC. 208A. INELIGIBILITY FOR RELIEF RELATED TO EVADING ARREST OR
DETENTION WHILE OPERATING A MOTOR VEHICLE.
``Any alien who has been convicted of, who admits having committed,
or who admits committing acts which constitute the essential elements
of a violation of section 40B(a) of title 18, United States Code, shall
be ineligible for relief under the immigration laws, including asylum
under section 208.''.
SEC. 4. ANNUAL REPORT.
The Attorney General, in conjunction with the Secretary of Homeland
Security, shall submit an annual report to the Committee on the
Judiciary of the Senate and the Committee on the Judiciary of the House
of Representatives that--
(1) identifies the number of people who committed a
violation of section 40B(a) of title 18, United States Code, as
added by section 2(a); and
(2) summarizes--
(A) the number of individuals who were charged with
the violation referred to in paragraph (1);
(B) the number of individuals who were apprehended
but not charged with such violation;
(C) the number of individuals who committed such
violation but were not apprehended;
(D) the penalties sought in the charging documents
pertaining to such violation; and
(E) the penalties imposed for such violation.
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