Agent Raul Gonzalez Officer Safety Act

Agent Raul Gonzalez Officer Safety Act

This bill establishes new federal criminal offenses for operating a motor vehicle within 100 miles of the U.S. border while fleeing from a U.S. Border Patrol agent or a federal, state, or local law enforcement officer who is actively assisting or under the command of the U.S. Border Patrol.

The bill establishes criminal penalties for an offense, including a mandatory minimum prison term for an offense resulting in death or serious bodily injury. Additionally, a non-U.S. national who is convicted of or admits to committing an offense is inadmissible, deportable, and ineligible for immigration relief (including asylum).

[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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