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 inten-
tionally fleeing a pursuing Federal officer while operating 
a motor vehicle. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as ‘‘Agent Raul Gonzalez Offi-
cer 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 fol-
lowing: 
‘‘§ 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 agent act-
ing 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 para-
graphs (2) and (3), any person who commits an of-
fense described in subsection (a) shall be— 
‘‘(A) imprisoned for a term of not more 
than 2 years; 
‘‘(B) fined under this title; or 
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‘‘(C) subject to the penalties described in 
subparagraphs (A) and (B). 
‘‘(2) SERIOUS BODILY INJURY.—If serious bod-
ily 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 re-
sults 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).’’. 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 2 of title 18, United States Code, is amended by add-
ing at the end the following: 
‘‘40B. Evading arrest or detention while operating a motor vehicle.’’. 
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SEC. 3. INADMISSIBILITY, DEPORTABILITY, AND INELIGI-
BILITY RELATED TO EVADING ARREST OR 
DETENTION WHILE OPERATING A MOTOR VE-
HICLE. 
(a) INADMISSIBILITY.—Section 212(a)(2) of the Im-
migration and Nationality Act (8 U.S.C. 1182(a)(2)) is 
amended by adding at the end the following: 
‘‘(J) EVADING
ARREST
OR
DETENTION 
WHILE
OPERATING
A
MOTOR
VEHICLE.—Any 
alien who has been convicted of, who admits 
having committed, or who admits committing 
acts which constitute the essential elements of 
a violation of section 40B(a) of title 18, United 
States Code, is inadmissible.’’. 
(b) DEPORTABILITY.—Section 237(a)(2) of the Im-
migration and Nationality Act (8 U.S.C. 1227(a)(2)) is 
amended by adding at the end the following: 
‘‘(G) EVADING
ARREST
OR
DETENTION 
WHILE
OPERATING
A
MOTOR
VEHICLE.—Any 
alien who has been convicted of, who admits 
having committed, or who admits committing 
acts which constitute the essential elements of 
a violation of section 40B(a) of title 18, United 
States Code, is deportable.’’. 
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(c) INELIGIBILITY FOR RELIEF.—Chapter 2 of title 
II of the Immigration and Nationality Act is amended by 
inserting after section 208 the following: 
‘‘SEC. 208A. INELIGIBILITY FOR RELIEF RELATED TO EVAD-
ING ARREST OR DETENTION WHILE OPER-
ATING A MOTOR VEHICLE. 
‘‘Any alien who has been convicted of, who admits 
having committed, or who admits committing acts which 
constitute the essential elements of a violation of section 
40B(a) of title 18, United States Code, shall be ineligible 
for relief under the immigration laws, including asylum 
under section 208.’’. 
SEC. 4. ANNUAL REPORT. 
The Attorney General, in conjunction with the Sec-
retary of Homeland Security, shall submit an annual re-
port to the Committee on the Judiciary of the Senate and 
the Committee on the Judiciary of the House of Rep-
resentatives that— 
(1) identifies the number of people who com-
mitted a violation of section 40B(a) of title 18, 
United States Code, as added by section 2(a); and 
(2) summarizes— 
(A) the number of individuals who were 
charged with the violation referred to in para-
graph (1); 
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(B) the number of individuals who were 
apprehended but not charged with such viola-
tion; 
(C) the number of individuals who com-
mitted such violation but were not apprehended; 
(D) the penalties sought in the charging 
documents pertaining to such violation; and 
(E) the penalties imposed for such viola-
tion. 
Passed the House of Representatives January 30, 
2024. 
Attest: 
KEVIN F. MCCUMBER, 
Clerk. 
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