HR35-119

What This Bill Does

The Agent Raul Gonzalez Officer Safety Act creates a new federal offense in title 18 for operating a motor vehicle within 100 miles of the United States border while intentionally fleeing a pursuing U.S. Border Patrol agent acting under lawful authority, or any pursuing federal, state, or local law-enforcement officer actively assisting or under the command of U.S. Border Patrol. A base offense can bring imprisonment for up to two years and a fine. If serious bodily injury results, the penalty becomes at least five years and not more than twenty years. If death results, the penalty becomes at least ten years and up to life. The bill also adds immigration consequences for the same conduct by making covered violations grounds for inadmissibility and deportability. It requires the Attorney General, together with the Secretary of Homeland Security, to submit annual reports to the House and Senate Judiciary Committees on violations, charges, apprehensions without charges, violations without apprehension, penalties sought, and penalties imposed.

Who Benefits and How

U.S. Border Patrol agents, federal law-enforcement officers assisting Border Patrol, state officers assisting Border Patrol, local officers assisting Border Patrol, border-region communities, federal prosecutors, Department of Homeland Security enforcement staff, and House and Senate Judiciary Committee staff benefit because the bill creates a specific federal charge for high-speed or dangerous border flight, adds sentencing leverage when injury or death results, supports removal or inadmissibility consequences, and creates recurring statistics on charging and sentencing outcomes.

Who Bears the Burden and How

Drivers who flee Border Patrol within 100 miles of the border, noncitizens convicted of the new offense, noncitizens admitting the essential elements of the offense, criminal defense attorneys, immigration defense attorneys, federal public defenders, Department of Justice prosecutors, Department of Homeland Security reporting staff, federal courts, immigration courts, and the Bureau of Prisons bear burdens because the bill creates new criminal exposure, mandatory minimums when injury or death results, immigration bars, removal grounds, annual data collection, prosecution work, court workload, and incarceration costs.

Key Provisions

• Adds title 18 section 40B for evading arrest or detention while operating a motor vehicle within 100 miles of the border.
• Applies the offense to flight from U.S. Border Patrol and from federal, state, or local officers assisting or under Border Patrol command.
• Sets a base penalty of up to two years' imprisonment and a fine.
• Requires five to twenty years' imprisonment if serious bodily injury results.
• Requires ten years to life imprisonment if death results.
• Adds inadmissibility and deportability consequences for covered noncitizens.
• Requires annual DOJ-DHS reports to the House and Senate Judiciary Committees.