Agent Raul Gonzalez Officer Safety Act

[Congressional Bills 119th Congress] [From the U.S. Government Publishing Office] [H.R. 35 Introduced in House (IH)] <DOC> 119th CONGRESS 1st Session H. R. 35 To impose criminal and immigration penalties for intentionally fleeing a pursuing Federal officer while operating a motor vehicle. _______________________________________________________________________ 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. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

This Act may be cited as ``Agent Raul Gonzalez Officer Safety Act''.

(a) In General.--Chapter 2 of

amended by adding at the end the following: ``

``(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

United States Code, is amended by adding at the end the following: ``40B. Evading arrest or detention while operating a motor vehicle.''.

EVADING ARREST OR DETENTION WHILE OPERATING A MOTOR VEHICLE. (a) Inadmissibility.--

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

Code, is inadmissible.''. (b) Deportability.--

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

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: ``

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

be ineligible for relief under the immigration laws, including asylum under

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

added by

(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. <all>