119-hr35

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 35 Engrossed in House

    (EH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 35

_______________________________________________________________________

 AN ACT

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.

 Passed the House of Representatives February 13, 2025.

 Attest:

 Clerk.
119th CONGRESS

 1st Session

 H. R. 35

_______________________________________________________________________

 AN ACT

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