February 11, 2025
Mr. Cruz (for himself, Mr. Sheehy, Mr. Cassidy, Mrs. Britt, Mr. Cramer, Mr. Justice, Mr. Budd, Mrs. Hyde-Smith, Mr. Lankford, and Mr. Hawley) introduced the following bill; which was read twice and referred to the Committee on the Judiciary
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:
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
Section 208 of the Immigration and Nationality Act (8 U.S.C. 1158) is amended by adding at the end the following:
(f) Ineligibility for relief as a result of 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 this section.
Sec. 4. Annual report
The Attorney General, in consultation 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 section 40B(a) of title 18, United States Code, as added by section 2(a); and
(2)
summarizes—
(A)
the number of individuals who were charged with such violation;
(B)
the number of individuals who were apprehended for, 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.