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House Bill 5585
118th Congress(2023-2024)
Agent Raul Gonzalez Officer Safety Act
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Passed House on Jan 30, 2024
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H. R. 5585 (Introduced-in-House)


118th CONGRESS
1st Session
H. R. 5585


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

IN THE HOUSE OF REPRESENTATIVES

September 20, 2023

Mr. Ciscomani (for himself, Ms. De La Cruz, Mr. Tony Gonzales of Texas, Mr. Donalds, Mr. Gimenez, Mr. Higgins of Louisiana, and Mr. Langworthy) 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,

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:

Ҥ 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 officer 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).

“(c) Ineligibility for legal status.—Any person who commits an offense described in subsection (a) while unlawfully present in the United States shall be permanently ineligible to apply for any legal status in the United States, including asylum.”.

(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. 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.