Sec. 1515. Enhanced criminal penalties for high speed flight
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/bill/115/s/2192/pcs/section-1515·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 758 of title 18, United States Code, is amended to read as follows: Any person who, while operating a motor vehicle or vessel, knowingly flees or evades a checkpoint operated by the Department of Homeland Security or any other Federal law enforcement agency, and then knowingly or recklessly disregards or disobeys the lawful command of any law enforcement agent, shall be fined under this title, imprisoned not more than 5 years, or both. Any person who, while operating a motor vehicle, aircraft, or vessel, knowingly or recklessly disregards or disobeys the lawful command of an officer of the Department of Homeland Security engaged in the enforcement of the immigration, customs, or maritime laws, or the lawful command of any law enforcement agent assisting such officer, shall be fined under this title, imprisoned not more than 2 years, or both.
Notwithstanding the penalties provided in subsection
(a)or (b), any person who violates such subsection— shall be fined under this title, imprisoned not more than 10 years, or both, if the violation involved the operation of a motor vehicle, aircraft, or vessel— in excess of the applicable or posted speed limit; in excess of the rated capacity of the motor vehicle, aircraft, or vessel; or in an otherwise dangerous or reckless manner; shall be fined under this title, imprisoned not more than 20 years, or both, if the violation created a substantial and foreseeable risk of serious bodily injury or death to any person; shall be fined under this title, imprisoned not more than 30 years, or both, if the violation caused serious bodily injury to any person; or shall be fined under this title, imprisoned for any term of years or life, or both, if the violation resulted in the death of any person. Any person who attempts or conspires to commit any offense under this section shall be punished in the same manner as a person who completes the offense. Any property, real or personal, constituting or traceable to the gross proceeds of the offense and any property, real or personal, used or intended to be used to commit or facilitate the commission of the offense shall be subject to forfeiture. Seizures and forfeitures under this section shall be governed by the provisions of chapter 46 (relating to civil forfeitures), including section 981(d), except that such duties as are imposed upon the Secretary of the Treasury under the customs laws described in that section shall be performed by such officers, agents, and other persons as may be designated for that purpose by the Secretary of Homeland Security or the Attorney General. Nothing in this section may be construed to limit the authority of the Secretary of Homeland Security to seize and forfeit motor vehicles, aircraft, or vessels under the Customs laws or any other laws of the United States. For purposes of this section— the term checkpoint includes any customs or immigration inspection at a port of entry or immigration inspection at a U.S. Border Patrol checkpoint; the term law enforcement agent means— any Federal, State, local or tribal official authorized to enforce criminal law; and when conveying a command described in subsection (b), an air traffic controller; the term lawful command includes a command to stop, decrease speed, alter course, or land, whether communicated orally, visually, by means of lights or sirens, or by radio, telephone, or other communication; the term motor vehicle means any motorized or self-propelled means of terrestrial transportation; and the term serious bodily injury has the meaning given in section 2119(2). . The table of sections for chapter 35 of title 18, United States Code, is amended by striking the item relating to section 758 and inserting the following: 758. Unlawful flight from immigration or customs controls. . The amendments made by subsection
(a)may not be construed to create eligibility for relief from removal under section 212(c) of the Immigration and Nationality Act ( 8 U.S.C. 1182(c) ), as in effect on the day before the date of the enactment of this Act, if such eligibility did not exist before such date of enactment.
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Sec. 1515
Enhanced criminal penalties for high speed flight
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