SEC. 112. UNLAWFUL FLIGHT FROM IMMIGRATION OR CUSTOMS CONTROLS. (a) In General- Section 758 of Title 18, United States Code, is amended to read as follows:"758. Unlawful Flight from Immigration or Customs Controls"(a) Evading a checkpoint- 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 five years, or both."(b) Failure to stop- 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 two years, or both."(c) Alternative penalties- Notwithstanding the penalties provided in subsection (a) or (b), any person who violates such subsection shall""(1) 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""(A) in excess of the applicable or posted speed limit,"(B) in excess of the rated capacity of the motor vehicle, aircraft, or vessel, or"(C) in an otherwise dangerous or reckless manner;"(2) 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;"(3) be fined under this title, imprisoned not more than 30 years, or both, if the violation caused serious bodily injury to any person; or"(4) 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."(d) Attempt and conspiracy- Any person who attempts orconspires to commit any offense under this section shall be punishedin the same manner as a person who completes the offense."(e) Forfeiture- 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."(f) Forfeiture procedures- Seizures and forfeitures under this section shall be governed by the provisions of chapter 46 of this title, relating to civil forfeitures, including section 981(d) of such title, 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 shall limit the authority of the Secretary to seize and forfeit motor vehicles, aircraft, or vessels under the Customs laws or any other laws of the United States."(g) Definitions-For purposes of this section""(1) The term "checkpoint" includes, but is not limited to, any customs or immigration inspection at a port of entry."(2) The term "lawful command" includes, but is not limited to, 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 wire communication."(3) The term "law enforcement agent" means any Federal, State, local or tribal official authorized to enforce criminal law, and, when conveying a command covered under subsection (b) of this section, an air traffic controller."(4) The term "motor vehicle" means any motorized or self-propelled means of terrestrial transportation."(5) The term "serious bodily injury" has the meaning given in section 2119(2) of this title.".
