119 HR 35 IH: Agent Raul Gonzalez Officer Safety Act
U.S. House of Representatives
2025-01-03
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I
119th CONGRESS
1st Session
H. R. 35
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.
1.

Short title
This Act may be cited as “Agent Raul Gonzalez Officer Safety Act”.
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:
“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.”.
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:
“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.” .
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.