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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2869 Introduced in Senate (IS)]

<DOC>

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.

    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:
``Sec. 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 officer 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).
    ``(c) Ineligibility for Legal Status.--Any person who commits an 
offense described in subsection (a) while unlawfully present in the 
United States shall be permanently ineligible to apply for any legal 
status in the United States, including asylum.''.
    (b) Clerical Amendment.--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.''.

SEC. 3. ANNUAL REPORT.

    The Attorney General 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 were charged, 
        during the reporting period, with a violation of section 40B(a) 
        of title 18, United States Code, as added by section 2(a); and
            (2) summarizes--
                    (A) the penalties sought in the charging documents 
                pertaining to the violations referred to in paragraph 
                (1); and
                    (B) the penalties imposed for such violations.
                                 <all>
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