[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5585 Reported in House (RH)]

<DOC>





                                                 Union Calendar No. 294
118th CONGRESS
  2d Session
                                H. R. 5585

                          [Report No. 118-359]

To impose criminal and immigration penalties for intentionally fleeing 
      a pursuing Federal officer while operating a motor vehicle.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 20, 2023

Mr. Ciscomani (for himself, Ms. De La Cruz, Mr. Tony Gonzales of Texas, 
Mr. Donalds, Mr. Gimenez, Mr. Higgins of Louisiana, and Mr. Langworthy) 
 introduced the following bill; which was referred to the Committee on 
                             the Judiciary

                            January 25, 2024

    Additional sponsors: Mr. Weber of Texas, Mrs. Miller-Meeks, Mr. 
Valadao, Mr. D'Esposito, Mr. Williams of Texas, Mr. Baird, Mr. Stauber, 
Mr. Diaz-Balart, Ms. Salazar, Mr. Pfluger, Mrs. Hinson, Mrs. Luna, and 
                               Mr. Lawler

                            January 25, 2024

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
    [For text of introduced bill, see copy of bill as introduced on 
                          September 20, 2023]


_______________________________________________________________________

                                 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 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 were charged, 
        during the reporting period, with a violation of section 40B(a) 
        of title 18, United States Code, as added by section 2(a); and
            (2) summarizes--
                    (A) the penalties sought in the charging documents 
                pertaining to the violations referred to in paragraph 
                (1); and
                    (B) the penalties imposed for such violations.
                                                 Union Calendar No. 294

118th CONGRESS

  2d Session

                               H. R. 5585

                          [Report No. 118-359]

_______________________________________________________________________

                                 A BILL

To impose criminal and immigration penalties for intentionally fleeing 
      a pursuing Federal officer while operating a motor vehicle.

_______________________________________________________________________

                            January 25, 2024

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed