I 

118TH CONGRESS 

1ST SESSION H. R. 5585 

To impose criminal and immigration penalties for intentionally fleeing a 

pursuing Federal officer while operating a motor vehicle. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 20, 2023 

Mr. CISCOMANI (for himself, Ms. DE LA CRUZ, Mr. TONY GONZALES of 

Texas, Mr. DONALDS, Mr. GIMENEZ, Mr. HIGGINS of Louisiana, and Mr. 

LANGWORTHY) introduced the following bill; which was 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’’. 


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1 SEC. 2. CRIMINAL PENALTIES FOR EVADING ARREST OR 

2 DETENTION. 

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

4 States Code, is amended by adding at the end the fol5 lowing: 

6 ‘‘§ 40B. Evading arrest or detention while operating a 

7 motor vehicle 

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

9 this section by operating a motor vehicle within 100 miles 

10 of the United States border while intentionally fleeing 

11 from— 

12 ‘‘(1) a pursuing U.S. Border Patrol officer act13 ing pursuant to lawful authority; or 

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

15 enforcement officer who is actively assisting, or 

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

17 ‘‘(b) PENALTIES.— 

18 ‘‘(1) IN GENERAL.—Except as provided in para19 graphs (2) and (3), any person who commits an of20 fense described in subsection (a) shall be— 

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

22 than 2 years; 

23 ‘‘(B) fined under this title; or 

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

25 subparagraphs (A) and (B). 


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1 ‘‘(2) SERIOUS BODILY INJURY.—If serious bod2 ily injury results from the commission of an offense 

3 described in subsection (a), the person committing 

4 such offense shall be— 

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

6 than 5 years and not more than 20 years; 

7 ‘‘(B) fined under this title; or 

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

9 subparagraphs (A) and (B). 

10 ‘‘(3) DEATH.—If the death of any person re11 sults from the commission of an offense described in 

12 subsection (a), the person committing such offense 

13 shall be— 

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

15 than 10 years and up to life; 

16 ‘‘(B) fined under this title; or 

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

18 subparagraphs (A) and (B). 

19 ‘‘(c) INELIGIBILITY FOR LEGAL STATUS.—Any per20 son who commits an offense described in subsection (a) 

21 while unlawfully present in the United States shall be per22 manently ineligible to apply for any legal status in the 

23 United States, including asylum.’’. 


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•HR 5585 IH

1 (b) CLERICAL AMENDMENT.—The analysis for chap2 ter 2 of title 18, United States Code, is amended by add3 ing at the end the following: 

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

4 SEC. 3. ANNUAL REPORT. 

5 The Attorney General shall submit an annual report 

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

7 Committee on the Judiciary of the House of Representa8 tives that— 

9 (1) identifies the number of people who were 

10 charged, during the reporting period, with a viola11 tion of section 40B(a) of title 18, United States 

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

13 (2) summarizes— 

14 (A) the penalties sought in the charging 

15 documents pertaining to the violations referred 

16 to in paragraph (1); and 

17 (B) the penalties imposed for such viola18 tions. 

Æ 


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