II 

118TH CONGRESS 

1ST SESSION S. 2869 

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 

SEPTEMBER 20, 2023 

Mr. CRUZ (for himself and Mr. CORNYN) 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 intentionally fleeing a pursuing Federal officer while operating 

a motor vehicle. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as ‘‘Agent Raul Gonzalez Offi5 cer Safety Act’’. 

6 SEC. 2. CRIMINAL PENALTIES FOR EVADING ARREST OR 

7 DETENTION. 

8 (a) IN GENERAL.—Chapter 2 of title 18, United 

9 States Code, is amended by adding at the end the fol10 lowing: 


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•S 2869 IS

1 ‘‘§ 40B. Evading arrest or detention while operating a 

2 motor vehicle 

3 ‘‘(a) OFFENSE.—A person commits an offense under 

4 this section by operating a motor vehicle within 100 miles 

5 of the United States border while intentionally fleeing 

6 from— 

7 ‘‘(1) a pursuing U.S. Border Patrol officer act8 ing pursuant to lawful authority; or 

9 ‘‘(2) any pursuing Federal, State, or local law 

10 enforcement officer who is actively assisting, or 

11 under the command of, U.S. Border Patrol. 

12 ‘‘(b) PENALTIES.— 

13 ‘‘(1) IN GENERAL.—Except as provided in para14 graphs (2) and (3), any person who commits an of15 fense described in subsection (a) shall be— 

16 ‘‘(A) imprisoned for a term of not more 

17 than 2 years; 

18 ‘‘(B) fined under this title; or 

19 ‘‘(C) subject to the penalties described in 

20 subparagraphs (A) and (B). 

21 ‘‘(2) SERIOUS BODILY INJURY.—If serious bod22 ily injury results from the commission of an offense 

23 described in subsection (a), the person committing 

24 such offense shall be— 

25 ‘‘(A) imprisoned for a term of not less 

26 than 5 years and not more than 20 years; 


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•S 2869 IS

1 ‘‘(B) fined under this title; or 

2 ‘‘(C) subject to the penalties described in 

3 subparagraphs (A) and (B). 

4 ‘‘(3) DEATH.—If the death of any person re5 sults from the commission of an offense described in 

6 subsection (a), the person committing such offense 

7 shall be— 

8 ‘‘(A) imprisoned for a term of not less 

9 than 10 years and up to life; 

10 ‘‘(B) fined under this title; or 

11 ‘‘(C) subject to the penalties described in 

12 subparagraphs (A) and (B). 

13 ‘‘(c) INELIGIBILITY FOR LEGAL STATUS.—Any per14 son who commits an offense described in subsection (a) 

15 while unlawfully present in the United States shall be per16 manently ineligible to apply for any legal status in the 

17 United States, including asylum.’’. 

18 (b) CLERICAL AMENDMENT.—The analysis for chap19 ter 2 of title 18, United States Code, is amended by add20 ing at the end the following: 

‘‘40B. Evading arrest or detention while operating a motor vehicle.’’. 

21 SEC. 3. ANNUAL REPORT. 

22 The Attorney General shall submit an annual report 

23 to the Committee on the Judiciary of the Senate and the 

24 Committee on the Judiciary of the House of Representa25 tives that— 


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1 (1) identifies the number of people who were 

2 charged, during the reporting period, with a viola3 tion of section 40B(a) of title 18, United States 

4 Code, as added by section 2(a); and 

5 (2) summarizes— 

6 (A) the penalties sought in the charging 

7 documents pertaining to the violations referred 

8 to in paragraph (1); and 

9 (B) the penalties imposed for such viola10 tions. 

Æ 


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