[Congressional Record Volume 170, Number 115 (Thursday, July 11, 2024)]
[Senate]
[Page S5026]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2750. Mr. CRUZ submitted an amendment intended to be proposed by
him to the bill S. 4638, to authorize appropriations for fiscal year
2025 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle E of title X, add the following:
SEC. 1049. CRIMINAL AND IMMIGRATION PENALTIES FOR EVADING
ARREST OR DETENTION.
(a) Short Title.--This section may be cited as ``Agent Raul
Gonzalez Officer Safety Act''.
(b) Criminal Penalties for Evading Arrest or Detention.--
(1) 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).''.
(2) 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.''.
(c) Inadmissibility, Deportability, and Ineligibility
Related to Evading Arrest or Detention While Operating a
Motor Vehicle.--
(1) 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.''.
(2) Deportability.--Section 237(a)(2) of such 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.''.
(3) Ineligibility for relief.--Title II of such Act (8
U.S.C. 1151 et seq.) 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.''.
(d) 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 subsection (b)(1); 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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