Agent Raul Gonzalez Officer Safety Act
Officially: “Agent Raul Gonzalez Officer Safety Act” Read the full text
What it does
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1Short title
This section would let the Act be called the "Agent Raul Gonzalez Officer Safety Act."
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1. Short title This Act may be cited as Agent Raul Gonzalez Officer Safety Act .
2Criminal penalties for evading arrest or detention
This section would add a new federal crime, section 40B of title 18. A person would commit this crime by operating a motor vehicle within 100 miles of the United States border while intentionally fleeing from a pursuing U.S. Border Patrol agent acting under lawful authority, or from any other federal, state, or local law enforcement officer who is actively assisting, or acting under the command of, U.S. Border Patrol. A person convicted of this offense would generally face up to 2 years in prison, a fine, or both. If the offense results in serious bodily injury, the person would instead face a mandatory minimum of 5 years and up to 20 years in prison, a fine, or both. If the offense results in a death, the person would instead face a mandatory minimum of 10 years in prison and up to life in prison, a fine, or both. This section would also add a matching entry for the new offense to the table of contents (the analysis) for chapter 2 of title 18.
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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: 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 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). . (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. .
3Inadmissibility, deportability, and ineligibility related to evading arrest or detention while operating a motor vehicle
This section would make an alien inadmissible to the United States if the alien has been convicted of, admits having committed, or admits committing acts that constitute the essential elements of the new evading-arrest offense in section 40B(a) of title 18. It would also make an alien who meets that same standard (conviction or admission) deportable. It would further add a new section 208A to the Immigration and Nationality Act making any alien who meets that standard ineligible for relief under the immigration laws, including asylum under section 208 of that Act.
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3. Inadmissibility, deportability, and ineligibility related to evading arrest or detention while operating a motor vehicle (a) Inadmissibility Section 212(a)(2) of the Immigration 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 Immigration 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. . (c) Ineligibility for relief Chapter 2 of title II of the Immigration and Nationality Act is amended by inserting after section 208 the following: 208A. Ineligibility for relief related to 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, shall be ineligible for relief under the immigration laws, including asylum under section 208. .
4Annual report
This section would require the Attorney General, together with the Secretary of Homeland Security, to submit an annual report to the Judiciary Committee of the Senate and the Judiciary Committee of the House of Representatives. The report would identify the number of people who committed a violation of the new section 40B(a) offense, and would summarize the number of individuals charged with that violation, the number apprehended but not charged with it, the number who committed the violation but were not apprehended, the penalties sought in the charging documents for the violation, and the penalties actually imposed for the violation.
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4. Annual report The Attorney General, in conjunction with the Secretary of Homeland Security, 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 committed 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 paragraph (1); (B) the number of individuals who were apprehended but not charged with such violation; (C) the number of individuals who committed 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 violation.
Where it is
In the House.