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[Discussion Draft]
[Discussion Draft]
January 19, 2024
118th CONGRESS
2d Session
Rules Committee Print 118–21
Text of H.R. 5585, Agent Raul Gonzalez Officer Safety Act
[Showing the text of H.R. 5585, as ordered reported by the Committee on the Judiciary]
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 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.