HR35-119

1. Short title This Act may be cited as Agent Raul Gonzalez Officer Safety Act.

2. Criminal penalties for evading arrest or detention Chapter 2 of title 18, United States Code, is amended by adding at the end the following: 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— a pursuing U.S. Border Patrol agent acting pursuant to lawful authority; or any pursuing Federal, State, or local law enforcement officer who is actively assisting, or under the command of, U.S. Border Patrol. Except as provided in paragraphs (2) and (3), any person who commits an offense described in subsection (a) shall be— imprisoned for a term of not more than 2 years; fined under this title; or subject to the penalties described in subparagraphs (A) and (B). If serious bodily injury results from the commission of an offense described in subsection (a), the person committing such offense shall be— imprisoned for a term of not less than 5 years and not more than 20 years; fined under this title; or subject to the penalties described in subparagraphs (A) and (B). If the death of any person results from the commission of an offense described in subsection (a), the person committing such offense shall be— imprisoned for a term of not less than 10 years and up to life; fined under this title; or subject to the penalties described in subparagraphs (A) and (B). 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 (a)OffenseA 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 generalExcept 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 injuryIf 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)DeathIf 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).. 40B. Evading arrest or detention while operating a motor vehicle..

40B. Evading arrest or detention while operating a motor vehicle 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— a pursuing U.S. Border Patrol agent acting pursuant to lawful authority; or any pursuing Federal, State, or local law enforcement officer who is actively assisting, or under the command of, U.S. Border Patrol. Except as provided in paragraphs (2) and (3), any person who commits an offense described in subsection (a) shall be— imprisoned for a term of not more than 2 years; fined under this title; or subject to the penalties described in subparagraphs (A) and (B). If serious bodily injury results from the commission of an offense described in subsection (a), the person committing such offense shall be— imprisoned for a term of not less than 5 years and not more than 20 years; fined under this title; or subject to the penalties described in subparagraphs (A) and (B). If the death of any person results from the commission of an offense described in subsection (a), the person committing such offense shall be— imprisoned for a term of not less than 10 years and up to life; fined under this title; or subject to the penalties described in subparagraphs (A) and (B).

3. Inadmissibility, deportability, and ineligibility related to evading arrest or detention while operating a motor vehicle 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: 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. 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: 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. Chapter 2 of title II of the Immigration and Nationality Act is amended by inserting after section 208 the following: 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. (J)Evading arrest or detention while operating a motor vehicleAny 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.. (G)Evading arrest or detention while operating a motor vehicleAny 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.. 208A.Ineligibility for relief related to evading arrest or detention while operating a motor vehicleAny 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. .

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.

4. Annual report The Attorney General, in conjunction 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— 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 summarizes— the number of individuals who were charged with the violation referred to in paragraph (1); the number of individuals who were apprehended but not charged with such violation; the number of individuals who committed such violation but were not apprehended; the penalties sought in the charging documents pertaining to such violation; and the penalties imposed for such violation.