119THCONGRESS
1
STSESSION H. R. 35
AN ACT
To impose criminal and immigration penalties for inten-
tionally fleeing a pursuing Federal officer while operating
a motor vehicle.
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2 2
•HR 35 EH
SECTION 1. SHORT TITLE. 1
This Act may be cited as ‘‘Agent Raul Gonzalez Offi-2
cer Safety Act’’. 3
SEC. 2. CRIMINAL PENALTIES FOR EVADING ARREST OR 4
DETENTION. 5
(a) I
NGENERAL.—Chapter 2 of title 18, United 6
States Code, is amended by adding at the end the fol-7
lowing: 8
‘‘§ 40B. Evading arrest or detention while operating a 9
motor vehicle 10
‘‘(a) O
FFENSE.—A person commits an offense under 11
this section by operating a motor vehicle within 100 miles 12
of the United States border while intentionally fleeing 13
from— 14
‘‘(1) a pursuing U.S. Border Patrol agent act-15
ing pursuant to lawful authority; or 16
‘‘(2) any pursuing Federal, State, or local law 17
enforcement officer who is actively assisting, or 18
under the command of, U.S. Border Patrol. 19
‘‘(b) P
ENALTIES.— 20
‘‘(1) I
N GENERAL.—Except as provided in para-21
graphs (2) and (3), any person who commits an of-22
fense described in subsection (a) shall be— 23
‘‘(A) imprisoned for a term of not more 24
than 2 years; 25
‘‘(B) fined under this title; or 26 3
•HR 35 EH
‘‘(C) subject to the penalties described in 1
subparagraphs (A) and (B). 2
‘‘(2) S
ERIOUS BODILY INJURY.—If serious bod-3
ily injury results from the commission of an offense 4
described in subsection (a), the person committing 5
such offense shall be— 6
‘‘(A) imprisoned for a term of not less 7
than 5 years and not more than 20 years; 8
‘‘(B) fined under this title; or 9
‘‘(C) subject to the penalties described in 10
subparagraphs (A) and (B). 11
‘‘(3) D
EATH.—If the death of any person re-12
sults from the commission of an offense described in 13
subsection (a), the person committing such offense 14
shall be— 15
‘‘(A) imprisoned for a term of not less 16
than 10 years and up to life; 17
‘‘(B) fined under this title; or 18
‘‘(C) subject to the penalties described in 19
subparagraphs (A) and (B).’’. 20
(b) C
LERICALAMENDMENT.—The analysis for chap-21
ter 2 of title 18, United States Code, is amended by add-22
ing at the end the following: 23
‘‘40B. Evading arrest or detention while operating a motor vehicle.’’. 4
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SEC. 3. INADMISSIBILITY, DEPORTABILITY, AND INELIGI-1
BILITY RELATED TO EVADING ARREST OR 2
DETENTION WHILE OPERATING A MOTOR VE-3
HICLE. 4
(a) I
NADMISSIBILITY.—Section 212(a)(2) of the Im-5
migration and Nationality Act (8 U.S.C. 1182(a)(2)) is 6
amended by adding at the end the following: 7
‘‘(J) E
VADING ARREST OR DETENTION 8
WHILE OPERATING A MOTOR VEHICLE .—Any 9
alien who has been convicted of, who admits 10
having committed, or who admits committing 11
acts which constitute the essential elements of 12
a violation of section 40B(a) of title 18, United 13
States Code, is inadmissible.’’. 14
(b) D
EPORTABILITY.—Section 237(a)(2) of the Im-15
migration and Nationality Act (8 U.S.C. 1227(a)(2)) is 16
amended by adding at the end the following: 17
‘‘(G) E
VADING ARREST OR DETENTION 18
WHILE OPERATING A MOTOR VEHICLE .—Any 19
alien who has been convicted of, who admits 20
having committed, or who admits committing 21
acts which constitute the essential elements of 22
a violation of section 40B(a) of title 18, United 23
States Code, is deportable.’’. 24 5
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(c) INELIGIBILITY FORRELIEF.—Chapter 2 of title 1
II of the Immigration and Nationality Act is amended by 2
inserting after section 208 the following: 3
‘‘SEC. 208A. INELIGIBILITY FOR RELIEF RELATED TO EVAD-4
ING ARREST OR DETENTION WHILE OPER-5
ATING A MOTOR VEHICLE. 6
‘‘Any alien who has been convicted of, who admits 7
having committed, or who admits committing acts which 8
constitute the essential elements of a violation of section 9
40B(a) of title 18, United States Code, shall be ineligible 10
for relief under the immigration laws, including asylum 11
under section 208.’’. 12
SEC. 4. ANNUAL REPORT. 13
The Attorney General, in conjunction with the Sec-14
retary of Homeland Security, shall submit an annual re-15
port to the Committee on the Judiciary of the Senate and 16
the Committee on the Judiciary of the House of Rep-17
resentatives that— 18
(1) identifies the number of people who com-19
mitted a violation of section 40B(a) of title 18, 20
United States Code, as added by section 2(a); and 21
(2) summarizes— 22
(A) the number of individuals who were 23
charged with the violation referred to in para-24
graph (1); 25 6
•HR 35 EH
(B) the number of individuals who were 1
apprehended but not charged with such viola-2
tion; 3
(C) the number of individuals who com-4
mitted such violation but were not apprehended; 5
(D) the penalties sought in the charging 6
documents pertaining to such violation; and 7
(E) the penalties imposed for such viola-8
tion. 9
Passed the House of Representatives February 13,
2025.
Attest:
Clerk. 119
TH
CONGRESS
1
ST
S
ESSION
H. R. 35
AN ACT
To impose criminal and immigration penalties for
intentionally fleeing a pursuing Federal officer
while operating a motor vehicle.