IIB 

118TH CONGRESS 

2D SESSION H. R. 5585 

IN THE SENATE OF THE UNITED STATES 

JANUARY 31, 2024 

Received; read twice and referred to the Committee on the Judiciary 

AN ACT 

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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as ‘‘Agent Raul Gonzalez Offi3 cer Safety Act’’. 

4 SEC. 2. CRIMINAL PENALTIES FOR EVADING ARREST OR 

5 DETENTION. 

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

7 States Code, is amended by adding at the end the fol8 lowing: 

9 ‘‘§ 40B. Evading arrest or detention while operating a 

10 motor vehicle 

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

12 this section by operating a motor vehicle within 100 miles 

13 of the United States border while intentionally fleeing 

14 from— 

15 ‘‘(1) a pursuing U.S. Border Patrol agent act16 ing pursuant to lawful authority; or 

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

18 enforcement officer who is actively assisting, or 

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

20 ‘‘(b) PENALTIES.— 

21 ‘‘(1) IN GENERAL.—Except as provided in para22 graphs (2) and (3), any person who commits an of23 fense described in subsection (a) shall be— 

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

25 than 2 years; 

26 ‘‘(B) fined under this title; or 


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

2 subparagraphs (A) and (B). 

3 ‘‘(2) SERIOUS BODILY INJURY.—If serious bod4 ily injury results from the commission of an offense 

5 described in subsection (a), the person committing 

6 such offense shall be— 

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

8 than 5 years and not more than 20 years; 

9 ‘‘(B) fined under this title; or 

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

11 subparagraphs (A) and (B). 

12 ‘‘(3) DEATH.—If the death of any person re13 sults from the commission of an offense described in 

14 subsection (a), the person committing such offense 

15 shall be— 

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

17 than 10 years and up to life; 

18 ‘‘(B) fined under this title; or 

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

20 subparagraphs (A) and (B).’’. 

21 (b) CLERICAL AMENDMENT.—The analysis for chap22 ter 2 of title 18, United States Code, is amended by add23 ing at the end the following: 

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


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1 SEC. 3. INADMISSIBILITY, DEPORTABILITY, AND INELIGI2 BILITY RELATED TO EVADING ARREST OR 

3 DETENTION WHILE OPERATING A MOTOR VE4 HICLE. 

5 (a) INADMISSIBILITY.—Section 212(a)(2) of the Im6 migration and Nationality Act (8 U.S.C. 1182(a)(2)) is 

7 amended by adding at the end the following: 

8 ‘‘(J) EVADING ARREST OR DETENTION

9 WHILE OPERATING A MOTOR VEHICLE.—Any 

10 alien who has been convicted of, who admits 

11 having committed, or who admits committing 

12 acts which constitute the essential elements of 

13 a violation of section 40B(a) of title 18, United 

14 States Code, is inadmissible.’’. 

15 (b) DEPORTABILITY.—Section 237(a)(2) of the Im16 migration and Nationality Act (8 U.S.C. 1227(a)(2)) is 

17 amended by adding at the end the following: 

18 ‘‘(G) EVADING ARREST OR DETENTION

19 WHILE OPERATING A MOTOR VEHICLE.—Any 

20 alien who has been convicted of, who admits 

21 having committed, or who admits committing 

22 acts which constitute the essential elements of 

23 a violation of section 40B(a) of title 18, United 

24 States Code, is deportable.’’. 


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

2 II of the Immigration and Nationality Act is amended by 

3 inserting after section 208 the following: 

4 ‘‘SEC. 208A. INELIGIBILITY FOR RELIEF RELATED TO EVAD5 ING ARREST OR DETENTION WHILE OPER6 ATING A MOTOR VEHICLE. 

7 ‘‘Any alien who has been convicted of, who admits 

8 having committed, or who admits committing acts which 

9 constitute the essential elements of a violation of section 

10 40B(a) of title 18, United States Code, shall be ineligible 

11 for relief under the immigration laws, including asylum 

12 under section 208.’’. 

13 SEC. 4. ANNUAL REPORT. 

14 The Attorney General, in conjunction with the Sec15 retary of Homeland Security, shall submit an annual re16 port to the Committee on the Judiciary of the Senate and 

17 the Committee on the Judiciary of the House of Rep18 resentatives that— 

19 (1) identifies the number of people who com20 mitted a violation of section 40B(a) of title 18, 

21 United States Code, as added by section 2(a); and 

22 (2) summarizes— 

23 (A) the number of individuals who were 

24 charged with the violation referred to in para25 graph (1); 


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1 (B) the number of individuals who were 

2 apprehended but not charged with such viola3 tion; 

4 (C) the number of individuals who com5 mitted such violation but were not apprehended; 

6 (D) the penalties sought in the charging 

7 documents pertaining to such violation; and 

8 (E) the penalties imposed for such viola9 tion. 

Passed the House of Representatives January 30, 

2024. 

Attest: KEVIN F. MCCUMBER, 

Clerk. 


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