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Bill
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H.R. 5585 — what changed

Agent Raul Gonzalez Officer Safety Act

From Introduced in House to Reported in House. 2 sections amended and 1 added between Introduced in House and Reported in House.

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:

“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—

changed “(1) a pursuing U.S. Border Patrol officer 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

changed “(C) subject to the penalties described in subparagraphs (A) and (B).(B).”

removed “(c) Ineligibility for legal status—Any person who commits an offense described in subsection (a) while unlawfully present in the United States shall be permanently ineligible to apply for any legal status in the United States, including asylum.”

(b)
Clerical amendment— The analysis for chapter 2 of title 18, United States Code, is amended by adding at the end the following:

Sec. 3 Inadmissibility, deportability, and ineligibility related to evading arrest or detention while operating a motor vehicle

(a)
added 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:

added “(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.”

removed The Attorney General 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—

(b)
changed Deportability— identifies the number Section 237(a)(2) of people who were charged, during the reporting period, with a violation of section 40B(a) of title 18, United States Code, as added Immigration and Nationality Act (8 U.S.C. 1227(a)(2)) is amended by section 2(a); andadding at the end the following:

added “(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)
changed Ineligibility for relief— summarizes—Chapter 2 of title II of the Immigration and Nationality Act is amended by inserting after section 208 the following:

added “208A. Ineligibility for relief related to evading arrest or detention while operating a motor vehicle

added “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.”

(A)
removed the penalties sought in the charging documents pertaining to the violations referred to in paragraph (1); and
(B)
removed the penalties imposed for such violations.

Sec. 4 Annual report

added

added The Attorney General 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)
added identifies the number of people who were charged, during the reporting period, with a violation of section 40B(a) of title 18, United States Code, as added by section 2(a); and
(2)
added summarizes—
(A)
added the penalties sought in the charging documents pertaining to the violations referred to in paragraph (1); and
(B)
added the penalties imposed for such violations.