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— (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..