IB 

Union Calendar No. 294 

118TH CONGRESS 

2D SESSION H. R. 5585 

[Report No. 118–359] 

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 

JANUARY 25, 2024 

Additional sponsors: Mr. WEBER of Texas, Mrs. MILLER-MEEKS, Mr. 

VALADAO, Mr. D’ESPOSITO, Mr. WILLIAMS of Texas, Mr. BAIRD, Mr. 

STAUBER, Mr. DIAZ-BALART, Ms. SALAZAR, Mr. PFLUGER, Mrs. 

HINSON, Mrs. LUNA, and Mr. LAWLER

JANUARY 25, 2024 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on September 20, 2023] 


ssavage on LAPJG3WLY3PROD with BILLS
2 

•HR 5585 RH

A BILL 

To impose criminal and immigration penalties for intentionally fleeing a pursuing Federal officer while operating 

a motor vehicle. 


ssavage on LAPJG3WLY3PROD with BILLS
3 

•HR 5585 RH

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 Officer 

5 Safety Act’’. 

6 SEC. 2. CRIMINAL PENALTIES FOR EVADING ARREST OR DE7 TENTION. 

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

9 Code, is amended by adding at the end the following: 

10 ‘‘§ 40B. Evading arrest or detention while operating a 

11 motor vehicle 

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

13 this section by operating a motor vehicle within 100 miles 

14 of the United States border while intentionally fleeing 

15 from— 

16 ‘‘(1) a pursuing U.S. Border Patrol agent acting 

17 pursuant to lawful authority; or 

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

19 enforcement officer who is actively assisting, or under 

20 the command of, U.S. Border Patrol. 

21 ‘‘(b) PENALTIES.— 

22 ‘‘(1) IN GENERAL.—Except as provided in para23 graphs (2) and (3), any person who commits an of24 fense described in subsection (a) shall be— 


ssavage on LAPJG3WLY3PROD with BILLS
4 

•HR 5585 RH

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

2 than 2 years; 

3 ‘‘(B) fined under this title; or 

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

5 subparagraphs (A) and (B). 

6 ‘‘(2) SERIOUS BODILY INJURY.—If serious bodily 

7 injury results from the commission of an offense de8 scribed in subsection (a), the person committing such 

9 offense shall be— 

10 ‘‘(A) imprisoned for a term of not less than 

11 5 years and not more than 20 years; 

12 ‘‘(B) fined under this title; or 

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

14 subparagraphs (A) and (B). 

15 ‘‘(3) DEATH.—If the death of any person results 

16 from the commission of an offense described in sub17 section (a), the person committing such offense shall 

18 be— 

19 ‘‘(A) imprisoned for a term of not less than 

20 10 years and up to life; 

21 ‘‘(B) fined under this title; or 

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

23 subparagraphs (A) and (B).’’. 


ssavage on LAPJG3WLY3PROD with BILLS
5 

•HR 5585 RH

1 (b) CLERICAL AMENDMENT.—The analysis for chapter 

2 2 of title 18, United States Code, is amended by adding 

3 at the end the following: 

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

4 SEC. 3. INADMISSIBILITY, DEPORTABILITY, AND INELIGI5 BILITY RELATED TO EVADING ARREST OR DE6 TENTION WHILE OPERATING A MOTOR VEHI7 CLE. 

8 (a) INADMISSIBILITY.—Section 212(a)(2) of the Immi9 gration and Nationality Act (8 U.S.C. 1182(a)(2)) is 

10 amended by adding at the end the following: 

11 ‘‘(J) EVADING ARREST OR DETENTION

12 WHILE OPERATING A MOTOR VEHICLE.—Any 

13 alien who has been convicted of, who admits hav14 ing committed, or who admits committing acts 

15 which constitute the essential elements of a viola16 tion of section 40B(a) of title 18, United States 

17 Code, is inadmissible.’’. 

18 (b) DEPORTABILITY.—Section 237(a)(2) of the Immi19 gration and Nationality Act (8 U.S.C. 1227(a)(2)) is 

20 amended by adding at the end the following: 

21 ‘‘(G) EVADING ARREST OR DETENTION

22 WHILE OPERATING A MOTOR VEHICLE.—Any 

23 alien who has been convicted of, who admits hav24 ing committed, or who admits committing acts 

25 which constitute the essential elements of a violaVerDate Sep 11 2014 00:32 Jan 26, 2024 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6203 E:\BILLS\H5585.RH H5585

ssavage on LAPJG3WLY3PROD with BILLS
6 

•HR 5585 RH

1 tion of section 40B(a) of title 18, United States 

2 Code, is deportable.’’. 

3 (c) INELIGIBILITY FOR RELIEF.—Chapter 2 of title II 

4 of the Immigration and Nationality Act is amended by in5 serting after section 208 the following: 

6 ‘‘SEC. 208A. INELIGIBILITY FOR RELIEF RELATED TO EVAD7 ING ARREST OR DETENTION WHILE OPER8 ATING A MOTOR VEHICLE. 

9 ‘‘Any alien who has been convicted of, who admits hav10 ing committed, or who admits committing acts which con11 stitute the essential elements of a violation of section 40B(a) 

12 of title 18, United States Code, shall be ineligible for relief 

13 under the immigration laws, including asylum under sec14 tion 208.’’. 

15 SEC. 4. ANNUAL REPORT. 

16 The Attorney General shall submit an annual report 

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

18 Committee on the Judiciary of the House of Representatives 

19 that— 

20 (1) identifies the number of people who were 

21 charged, during the reporting period, with a violation 

22 of section 40B(a) of title 18, United States Code, as 

23 added by section 2(a); and 

24 (2) summarizes— 


ssavage on LAPJG3WLY3PROD with BILLS
7 

•HR 5585 RH

1 (A) the penalties sought in the charging 

2 documents pertaining to the violations referred 

3 to in paragraph (1); and 

4 (B) the penalties imposed for such viola5 tions. 


ssavage on LAPJG3WLY3PROD with BILLS
Union Calendar No. 294 

118TH CONGRESS 

2D SESSION H. R. 5585 

[Report No. 118–359] 

A BILL 

To impose criminal and immigration penalties for 

while operating a motor vehicle. intentionally fleeing a pursuing Federal officer 

JANUARY 25, 2024 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


ssavage on LAPJG3WLY3PROD with BILLS