H.R. 5585 Text - Reported in House - 118th Congress (2023-2024)

Union Calendar No. 294

118th CONGRESS
2d Session

H. R. 5585

[Report No. 118–359]

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

January 25, 2024

Additional sponsors: Mr. Weber of Texas, Mrs. Miller-Meeks, Mr. Valadao, Mr. D'Esposito, Mr. Williams of Texas, Mr. Baird, Mr. Stauber, Mr. Diaz-Balart, Ms. Salazar, Mr. Pfluger, Mrs. Hinson, Mrs. Luna, and Mr. Lawler

January 25, 2024

Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on September 20, 2023]

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:
“§ 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 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.

Union Calendar No. 294

118th CONGRESS
2d Session

H. R. 5585

[Report No. 118–359]

A BILL

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

January 25, 2024

Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed