H.R. 35

119th CONGRESS 1st Session

To impose criminal and immigration penalties for intentionally fleeing a pursuing Federal officer while operating a motor vehicle.

IN THE HOUSE OF REPRESENTATIVES

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—
  - a pursuing U.S. Border Patrol agent acting pursuant to lawful authority; or
  - 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—
    - imprisoned for a term of not more than 2 years;
    - fined under this title; or
    - 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—
    - imprisoned for a term of not less than 5 years and not more than 20 years;
    - fined under this title; or
    - 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—
    - imprisoned for a term of not less than 10 years and up to life;
    - fined under this title; or
    - subject to the penalties described in subparagraphs (A) and (B).