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 SENATE OF THE UNITED STATES · February 13, 2025 · Committee: Committee on the Judiciary

Table of contents

• H.R. 35
  • 40B. Evading arrest or detention while operating a motor vehicle.

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).