II
119THCONGRESS
1
STSESSION S. 512
To impose criminal and immigration penalties for intentionally fleeing a
pursuing Federal officer while operating a motor vehicle.
IN THE SENATE OF THE UNITED STATES
FEBRUARY11, 2025
Mr. C
RUZ(for himself, Mr. SHEEHY, Mr. CASSIDY, Mrs. BRITT, Mr. CRAMER,
Mr. J
USTICE, Mr. BUDD, Mrs. HYDE-SMITH, Mr. LANKFORD, and Mr.
H
AWLEY) introduced the following bill; which was read twice and referred
to the Committee on the Judiciary
A BILL
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
SECTION 1. SHORT TITLE. 3
This Act may be cited as ‘‘Agent Raul Gonzalez Offi-4
cer Safety Act’’. 5
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•S 512 IS
SEC. 2. CRIMINAL PENALTIES FOR EVADING ARREST OR 1
DETENTION. 2
(a) I
NGENERAL.—Chapter 2 of title 18, United 3
States Code, is amended by adding at the end the fol-4
lowing: 5
‘‘§ 40B. Evading arrest or detention while operating a 6
motor vehicle 7
‘‘(a) O
FFENSE.—A person commits an offense under 8
this section by operating a motor vehicle within 100 miles 9
of the United States border while intentionally fleeing 10
from— 11
‘‘(1) a pursuing U.S. Border Patrol agent act-12
ing pursuant to lawful authority; or 13
‘‘(2) any pursuing Federal, State, or local law 14
enforcement officer who is actively assisting, or 15
under the command of, U.S. Border Patrol. 16
‘‘(b) P
ENALTIES.— 17
‘‘(1) I
N GENERAL.—Except as provided in para-18
graphs (2) and (3), any person who commits an of-19
fense described in subsection (a) shall be— 20
‘‘(A) imprisoned for a term of not more 21
than 2 years; 22
‘‘(B) fined under this title; or 23
‘‘(C) subject to the penalties described in 24
subparagraphs (A) and (B). 25
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‘‘(2) SERIOUS BODILY INJURY.—If serious bod-1
ily injury results from the commission of an offense 2
described in subsection (a), the person committing 3
such offense shall be— 4
‘‘(A) imprisoned for a term of not less 5
than 5 years and not more than 20 years; 6
‘‘(B) fined under this title; or 7
‘‘(C) subject to the penalties described in 8
subparagraphs (A) and (B). 9
‘‘(3) D
EATH.—If the death of any person re-10
sults from the commission of an offense described in 11
subsection (a), the person committing such offense 12
shall be— 13
‘‘(A) imprisoned for a term of not less 14
than 10 years and up to life; 15
‘‘(B) fined under this title; or 16
‘‘(C) subject to the penalties described in 17
subparagraphs (A) and (B).’’. 18
(b) C
LERICALAMENDMENT.—The analysis for chap-19
ter 2 of title 18, United States Code, is amended by add-20
ing at the end the following: 21
‘‘40B. Evading arrest or detention while operating a motor vehicle.’’.
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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
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(c) INELIGIBILITY FORRELIEF.—Section 208 of the 1
Immigration and Nationality Act (8 U.S.C. 1158) is 2
amended by adding at the end the following: 3
‘‘(f) I
NELIGIBILITY FORRELIEF AS ARESULT OF 4
E
VADINGARREST ORDETENTIONWHILEOPERATING A 5
M
OTORVEHICLE.—Any alien who has been convicted of, 6
who admits having committed, or who admits committing 7
acts which constitute the essential elements of, a violation 8
of section 40B(a) of title 18, United States Code, shall 9
be ineligible for relief under the immigration laws, includ-10
ing asylum under this section.’’. 11
SEC. 4. ANNUAL REPORT. 12
The Attorney General, in consultation with the Sec-13
retary of Homeland Security, shall submit an annual re-14
port to the Committee on the Judiciary of the Senate and 15
the Committee on the Judiciary of the House of Rep-16
resentatives that— 17
(1) identifies the number of people who com-18
mitted a violation of section 40B(a) of title 18, 19
United States Code, as added by section 2(a); and 20
(2) summarizes— 21
(A) the number of individuals who were 22
charged with such violation; 23
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(B) the number of individuals who were 1
apprehended for, but not charged with, such 2
violation; 3
(C) the number of individuals who com-4
mitted such violation, but were not appre-5
hended; 6
(D) the penalties sought in the charging 7
documents pertaining to such violation; and 8
(E) the penalties imposed for such viola-9
tion. 10
Æ
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