Bill Details
View committees (1)
View cosponsors (9)
- Sen. Sheehy, Tim [R-Montana]
- Sen. Cassidy, Bill [R-Louisiana]
- Sen. Britt, Katie Boyd [R-Alabama]
- Sen. Cramer, Kevin [R-North Dakota]
- Sen. Justice, James C. [R-West Virginia]
- Sen. Budd, Ted [R-North Carolina]
- Sen. Hyde-Smith, Cindy [R-Mississippi]
- Sen. Lankford, James [R-Oklahoma]
- Sen. Hawley, Josh [R-Missouri]
AI Summary This summary was generated by AI from the bill text. AI can get information wrong.
This bill would make it a federal crime to intentionally run from a U.S. Border Patrol agent, or from another law enforcement officer helping Border Patrol, while driving a motor vehicle within 100 miles of the U.S. border. It would create stronger penalties if the chase causes injury or death. The bill would also create immigration consequences for noncitizens who are convicted of, or admit to, this kind of offense, including making them inadmissible, deportable, and unable to get certain immigration relief such as asylum. In addition, the Justice Department would have to report each year on how often these cases happen and what charges and penalties are used.
- The new crime would apply only when a person is driving and intentionally fleeing a pursuing Border Patrol agent, or another federal, state, or local officer who is assisting Border Patrol, within 100 miles of the U.S. border.
- For a basic violation, the penalty could be up to 2 years in prison, a fine, or both.
- If the chase causes serious bodily injury, the penalty would be 5 to 20 years in prison, a fine, or both. If someone dies, the penalty would be 10 years to life in prison, a fine, or both.
- Noncitizens convicted of, or admitting to, this offense could be denied entry to the United States, removed from the country, and blocked from getting immigration relief, including asylum.
The bill would also require the Attorney General, working with the Department of Homeland Security, to send Congress a yearly report showing how many people were involved, how many were charged or arrested, how many were not caught, and what penalties were requested and given.
Official Summaries
Agent Raul Gonzalez Officer Safety Act
This bill establishes new federal criminal offenses for operating a motor vehicle within 100 miles of the U.S. border while fleeing from a U.S. Border Patrol agent or a federal, state, or local law enforcement officer who is actively assisting or under the command of the U.S. Border Patrol.
The bill establishes criminal penalties for an offense, including a mandatory minimum prison term for an offense resulting in death or serious bodily injury. Additionally, a non-U.S. national who is convicted of or admits to committing an offense is inadmissible, deportable, and ineligible for immigration relief (including asylum).
Current Full Text
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 512 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 512
To impose criminal and immigration penalties for intentionally fleeing
a pursuing Federal officer while operating a motor vehicle.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 11, 2025
Mr. Cruz (for himself, Mr. Sheehy, Mr. Cassidy, Mrs. Britt, Mr. Cramer,
Mr. Justice, Mr. Budd, Mrs. Hyde-Smith, Mr. Lankford, and Mr. Hawley)
introduced the following bill; which was read twice and 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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as ``Agent Raul Gonzalez Officer 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 following:
``Sec. 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.''.
SEC. 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.--Section 208 of the Immigration and
Nationality Act (8 U.S.C. 1158) is amended by adding at the end the
following:
``(f) Ineligibility for Relief as a Result of 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 this section.''.
SEC. 4. ANNUAL REPORT.
The Attorney General, in consultation 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
such violation;
(B) the number of individuals who were apprehended
for, 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.
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