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Introduced Version Senate Bill 41 History

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sb41 intr
Senate Bill No. 41

(By Senator Barnes)

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         [Introduced February 13, 2013; referred to the Committee on the Judiciary; and then to the Committee on Finance.]                           

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A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §61-14-1, §61-14-2, §61-14-3, §61-14-4, §61-14-5, §61-14-6, §61-14-7, §61-14-8, §61-14-9 and §61-14-10, all relating to creating the Support our Law Enforcement and Safe Neighborhoods Act; defining terms; requiring cooperation among officials and agencies; permitting lawful actions; establishing enforcement procedures; requiring aliens to carry alien registration documents; making it illegal to stop to pick up passengers for work; making it illegal to transport, move, conceal, harbor or shield unauthorized aliens; making it illegal to knowingly or intentionally employ unauthorized aliens; making it illegal to file false and frivolous complaints; creating the Intelligence Team Enforcement Mission Fund; setting forth civil and criminal penalties; and establishing a severability provision.
Be it enacted by the Legislature of West Virginia:
    That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new article, designated §61-14-1, §61-14-2, §61-14-3, §61-14-4, §61-14-5, §61-14-6, §61-14-7, §61-14-8, §61-14- 9 and §61-14-10, all to read as follows:
ARTICLE 14. SUPPORT OUR LAW ENFORCEMENT AND SAFE NEIGHBORHOOD ACT.
§61-14-1. Short title.
    
This article may be cited as the "Support Our Law Enforcement and Safe Neighborhoods Act".
§61-14-2. Definitions.
    
For the purposes of this article:
    (1) "Solicit" means verbal or nonverbal communication by a gesture or a nod that would indicate to a reasonable person that a person is willing to be employed.
    (2) "Unauthorized alien" means an alien who does not have the legal right or authorization under federal law to work in the United States as described in 8 U.S.C. §1324a(h)(3).
§61-14-3. Cooperation and assistance in enforcement of immigration laws; indemnification.
    (a) No official or agency of this state or a county, city, town or other political subdivision of this state may limit or restrict the enforcement of federal immigration laws to less than the full extent permitted by federal law.
    (b) For any lawful stop, detention or arrest made by a law- enforcement official or a law-enforcement agency of this state or a law-enforcement official or a law-enforcement agency of a county, city, town or other political subdivision of this state in the enforcement of any other law or ordinance of a county, city or town or this state where reasonable suspicion exists that the person is an alien and is unlawfully present in the United States, a reasonable attempt shall be made, when practicable, to determine the immigration status of the person, except if the determination may hinder or obstruct an investigation. Any person who is arrested shall have the person's immigration status determined before the person is released. The person's immigration status shall be verified with the federal government pursuant to 8 U.S.C. §1373(c). A law-enforcement official or agency of this state or a county, city, town or other political subdivision of this state may not consider race, color or national origin in implementing the requirements of this subsection except to the extent permitted by the United States or West Virginia Constitution. A person is presumed to not be an alien who is unlawfully present in the United States if the person provides to the law-enforcement officer or agency any of the following:
    (1) A valid West Virginia driver license;
    (2) A valid West Virginia nonoperating identification card;
    (3) A valid tribal enrollment card or other form of tribal identification; or
    (4) If the entity requires proof of legal presence in the United States before issuance, any valid federal, state or local government issued identification.
    (c) If an alien who is unlawfully present in the United States is convicted of a violation of state or local law, on discharge from imprisonment or on the assessment of any monetary obligation that is imposed, the United States immigration and customs enforcement or the United States customs and border protection shall be immediately notified.
    (d) Notwithstanding any other law, a law-enforcement agency may securely transport an alien who the agency has received verification is unlawfully present in the United States and who is in the agency's custody to a federal facility in this state or to any other point of transfer into federal custody that is outside the jurisdiction of the law-enforcement agency. A law-enforcement agency shall obtain judicial authorization before securely transporting an alien who is unlawfully present in the United States to a point of transfer that is outside of this state.
    (e) In the implementation of this section, an alien's immigration status may be determined by:
    (1) A law-enforcement officer who is authorized by the federal government to verify or ascertain an alien's immigration status; or
    (2) The United States immigration and customs enforcement or the United States customs and border protection pursuant to 8 U.S.C. §1373(c).
    (f) Except as provided in federal law, officials or agencies of this state and counties, cities, towns and other political subdivisions of this state may not be prohibited or in any way be restricted from sending, receiving or maintaining information relating to the immigration status, lawful or unlawful, of any individual or exchanging that information with any other federal, state or local governmental entity for the following official purposes:
    (1) Determining eligibility for any public benefit, service or license provided by any federal, state, local or other political subdivision of this state;
    (2) Verifying any claim of residence or domicile if determination of residence or domicile is required under the laws of this state or a judicial order issued pursuant to a civil or criminal proceeding in this state;
    (3) If the person is an alien, determining whether the person is in compliance with the federal registration laws prescribed by Title II, Chapter 7 of the federal Immigration and Nationality Act; and
    (4) Pursuant to 8 U.S.C. §§1373 and 1644.
    (g) A person who is a legal resident of this state may bring an action in court to challenge any official or agency of this state or a county, city, town or other political subdivision of this state that adopts or implements a policy that limits or restricts the enforcement of federal immigration laws, including 8 U.S.C. §§1373 and 1644, to less than the full extent permitted by federal law. If there is a judicial finding that an entity has violated this section, the court shall order that the entity pay a civil penalty of not less than $500 and not more than $5,000 for each day that the policy has remained in effect after the filing of an action pursuant to this subsection.
    (h) A court shall collect the civil penalty prescribed in subsection (g) of this section and remit the civil penalty to the State Treasurer for deposit in the Immigration Intelligence Team Enforcement Mission Fund established by section nine of this article.
    (I) The court may award court costs and reasonable attorney fees to any person or any official or agency of this state or a county, city, town or other political subdivision of this state that prevails by an adjudication on the merits in a proceeding brought pursuant to this section.
    (j) Except in relation to matters in which the officer is adjudged to have acted in bad faith, a law-enforcement officer is indemnified by the law-enforcement officer's agency against reasonable costs and expenses, including attorney fees, incurred by the officer in connection with any action, suit or proceeding brought pursuant to this section in which the officer may be a defendant by reason of the officer being or having been a member of the law-enforcement agency.
    (k) This section shall be implemented in a manner consistent with federal laws regulating immigration, protecting the civil rights of all persons and respecting the privileges and immunities of United States citizens. END_STATUTE
§61-14-4. Willful failure to complete or carry an alien registration document; exception; authenticated records; classification.
    (a) In addition to any violation of federal law, a person is guilty of willful failure to complete or carry an alien registration document if the person is in violation of 8 U.S.C. §§1304(e) or 1306(a).
    (b) In the enforcement of this section, an alien's immigration status may be determined by:
    (1) A law-enforcement officer who is authorized by the federal government to verify or ascertain an alien's immigration status; or
    (2) The United States immigration and customs enforcement or the United States customs and border protection pursuant to 8 U.S.C. §1373(c);
    (c) A law-enforcement official or agency of this state or a county, city, town or other political subdivision of this state may not consider race, color or national origin in the enforcement of this section except to the extent permitted by the United States or West Virginia Constitution.
    (d) A person who is sentenced pursuant to this section is not eligible for suspension of sentence, probation, pardon, commutation of sentence, or release from confinement on any basis.
    (e) In addition to any other penalty prescribed by law, the court shall order the person to pay confinement costs.
    (f) This section does not apply to a person who maintains authorization from the federal government to remain in the United States.
    (g) Any record that relates to the immigration status of a person is admissible in any court without further foundation or testimony from a custodian of records if the record is certified as authentic by the government agency that is responsible for maintaining the record.
    (h) Any person who violates this section is guilty of a misdemeanor and, upon conviction, shall, for each offense, be fined not less than $250 nor more $1,000, or confined in jail for twenty days, or both fined and confined, in the discretion of the court, and for each subsequent conviction be fined not less than $500 nor more than $2,500, or confined in jail for thirty days, or both fined and confined.
§61-14-5. Unlawful stopping to hire and pick up passengers for work; unlawful application, solicitation or employment; classification; definitions.
    (a) It is unlawful for an occupant of a motor vehicle that is stopped on a street, roadway or highway to attempt to hire or hire and pick up passengers for work at a different location if the motor vehicle blocks or impedes the normal movement of traffic.
    (b) It is unlawful for a person to enter a motor vehicle that is stopped on a street, roadway or highway in order to be hired by an occupant of the motor vehicle and to be transported to work at a different location if the motor vehicle blocks or impedes the normal movement of traffic.
    (c) It is unlawful for a person who is unlawfully present in the United States and who is an unauthorized alien to knowingly apply for work, solicit work in a public place or perform work as an employee or independent contractor in this state.
    (d) A law-enforcement official or agency of this state or a county, city, town or other political subdivision of this state may not consider race, color or national origin in the enforcement of this section except to the extent permitted by the United States or West Virginia Constitution.
    (e) In the enforcement of this section, an alien's immigration status may be determined by:
    (1) A law-enforcement officer who is authorized by the federal government to verify or ascertain an alien's immigration status; or
    (2) The United States immigration and customs enforcement or the United States customs and border protection pursuant to 8 U.S.C. §1373(c).
    (f) Any person who violates this section is guilty of a misdemeanor and, upon conviction, shall, for each offense, be fined not less than $250 nor more than $1,000.
§61-14-6. Unlawful transporting, moving, concealing, harboring or shielding of unlawful aliens; vehicle impoundment; exception; classification.
    (a) It is unlawful for a person who is in violation of a criminal offense to:
    (1) Transport or move or attempt to transport or move an alien in this state, in furtherance of the illegal presence of the alien in the United States, in a means of transportation if the person knows or recklessly disregards the fact that the alien has come to, has entered or remains in the United States in violation of law.
    (2) Conceal, harbor or shield or attempt to conceal, harbor or shield an alien from detection in any place in this state, including any building or any means of transportation, if the person knows or recklessly disregards the fact that the alien has come to, has entered or remains in the United States in violation of law.
    (3) Encourage or induce an alien to come to or reside in this state if the person knows or recklessly disregards the fact that such coming to, entering or residing in this state is or will be in violation of law.
    (b) A means of transportation that is used in the commission of a violation of this section is subject to mandatory impoundment, immobilization or other remedy considered necessary.
    (c) A law-enforcement official or agency of this state or a county, city, town or other political subdivision of this state may not consider race, color or national origin in the enforcement of this section except to the extent permitted by the United States or West Virginia Constitution.
    (d) In the enforcement of this section, an alien's immigration status may be determined by:
    (1) A law-enforcement officer who is authorized by the federal government to verify or ascertain an alien's immigration status; or
    (2) The United States immigration and customs enforcement or the United States customs and border protection pursuant to 8 U.S.C. §1373(c).
    (e) This section does not apply to a child protective services worker acting in the worker's official capacity or a person who is acting in the capacity of a first responder, an ambulance attendant or an emergency medical technician and who is transporting or moving an alien in this state pursuant to article four-c, chapter sixteen of this code.
    (f) Any person who violates any of this section is guilty of a misdemeanor and, upon conviction, shall be fined not less than $1,000 nor more than $10,000, except that a violation of this section that involves ten or more illegal aliens is a felony and, the person shall be fined not less than $1,000 nor more than $10,000 for each alien who is involved.
§61-14-7. Knowingly employing unauthorized aliens; prohibition; false and frivolous complaints; violation; classification; license suspension and revocation; affirmative defense.
    (a) An employer shall not knowingly employ an unauthorized alien. If, in the case when an employer uses a contract, subcontract or other independent contractor agreement to obtain the labor of an alien in this state, the employer knowingly contracts with an unauthorized alien or with a person who employs or contracts with an unauthorized alien to perform the labor, the employer violates this subsection.
    (b) The Attorney General shall prescribe a complaint form for a person to allege a violation of subsection (a) of this section. The complainant shall not be required to list the complainant's social security number on the complaint form or to have the complaint form notarized. On receipt of a complaint on a prescribed complaint form that an employer allegedly knowingly employs an unauthorized alien, the Attorney General or county prosecuting attorney shall investigate whether the employer has violated subsection (a) of this section. If a complaint is received but is not submitted on a prescribed complaint form, the Attorney General or county prosecuting attorney may investigate whether the employer has violated subsection (a) of this section. This subsection shall not be construed to prohibit the filing of anonymous complaints that are not submitted on a prescribed complaint form. The Attorney General or county prosecuting attorney shall not investigate complaints that are based solely on race, color or national origin. A complaint that is submitted to a county prosecuting attorney shall be submitted to the county prosecuting attorney in the county in which the alleged unauthorized alien is or was employed by the employer. The county sheriff or any other local law-enforcement agency may assist in investigating a complaint. When investigating a complaint, the Attorney General or county prosecuting attorney shall verify the work authorization of the alleged unauthorized alien with the federal government pursuant to 8 U.S.C. §1373(c). A state, county or local official shall not attempt to independently make a final determination on whether an alien is authorized to work in the United States. An alien's immigration status or work authorization status shall be verified with the federal government pursuant to 8 U.S.C. §1373(c). A person who knowingly files a false and frivolous complaint under this subsection is guilty of a misdemeanor and, upon conviction, shall, for each offense, be fined not less than $250 nor more than $1,000.
    (c) If, after an investigation, the Attorney General or county prosecuting attorney determines that the complaint is not false and frivolous:
    (1) The Attorney General or county prosecuting attorney shall notify the United States immigration and customs enforcement of the unauthorized alien;
    (2) The Attorney General or county prosecuting attorney shall notify the local law-enforcement agency of the unauthorized alien; and
    (3) The Attorney General shall notify the appropriate county prosecuting attorney to bring an action pursuant to subsection (d) of this section if the complaint was originally filed with the Attorney General.
    (d) An action for a violation of subsection (a) of this section shall be brought against the employer by the county prosecuting attorney in the county where the unauthorized alien employee is or was employed by the employer. The county prosecuting attorney shall not bring an action against any employer for any violation of subsection (a) of this section that occurs before July 1, 2012. A second violation of this section shall be based only on an unauthorized alien who is or was employed by the employer after an action has been brought for a violation of subsection (a) of this section or subsection (a), section eight of this article.
    (e) For any action in court under this section, the court shall expedite the action, including assigning the hearing at the earliest practicable date.
    (f) On a finding of a violation of subsection (a) of this section:
    (1) For a first violation, as described in subdivision (3) of this subsection, the court:
    (A) Shall order the employer to terminate the employment of all unauthorized aliens;
    (B) Shall order the employer to be subject to a three-year probationary period for the business location where the unauthorized alien performed work. During the probationary period the employer shall file quarterly reports in the form provided in section eight of this article with the county prosecuting attorney of each new employee who is hired by the employer at the business location where the unauthorized alien performed work;
    (C) Shall order the employer to file a signed sworn affidavit with the county prosecuting attorney within three business days after the order is issued. The affidavit shall state that the employer has terminated the employment of all unauthorized aliens in this state and that the employer will not intentionally or knowingly employ an unauthorized alien in this state. The court shall order the appropriate agencies to suspend all licenses subject to this subdivision that are held by the employer if the employer fails to file a signed sworn affidavit with the county prosecuting attorney within three business days after the order is issued. All licenses that are suspended under this subdivision shall remain suspended until the employer files a signed sworn affidavit with the county prosecuting attorney. Notwithstanding any other law, on filing of the affidavit the suspended licenses shall be reinstated immediately by the appropriate agencies. For the purposes of this subdivision, the licenses that are subject to suspension under this subdivision are all licenses that are held by the employer specific to the business location where the unauthorized alien performed work. If the employer does not hold a license specific to the business location where the unauthorized alien performed work, but a license is necessary to operate the employer's business in general, the licenses that are subject to suspension under this subdivision are all licenses that are held by the employer at the employer's primary place of business. On receipt of the court's order and notwithstanding any other law, the appropriate agencies shall suspend the licenses according to the court's order. The court shall send a copy of the court's order to the Attorney General and the Attorney General shall maintain the copy pursuant to subsection(g) of this section; and
    (D) May order the appropriate agencies to suspend all licenses described in paragraph (C) of this subdivision that are held by the employer for not to exceed ten business days. The court shall base its decision to suspend under this subdivision on any evidence or information submitted to it during the action for a violation of this subsection and shall consider the following factors, if relevant:
    (I) The number of unauthorized aliens employed by the employer.
    (ii) Any prior misconduct by the employer;
    (iii) The degree of harm resulting from the violation;
    (iv) Whether the employer made good faith efforts to comply with any applicable requirements;
    (v) The duration of the violation;
    (vi) The role of the directors, officers or principals of the employer in the violation; and
    (vii) Any other factors the court deems appropriate.
    (2) For a second violation, as described in subdivision (3) of this subsection, the court shall order the appropriate agencies to permanently revoke all licenses that are held by the employer specific to the business location where the unauthorized alien performed work. If the employer does not hold a license specific to the business location where the unauthorized alien performed work, but a license is necessary to operate the employer's business in general, the court shall order the appropriate agencies to permanently revoke all licenses that are held by the employer at the employer's primary place of business. On receipt of the order and notwithstanding any other law, the appropriate agencies shall immediately revoke the licenses.
    (3) The violation shall be considered:
    (A) A first violation by an employer at a business location if the violation did not occur during a probationary period ordered by the court under this subsection or subsection (f), section eight of this article for that employer's business location; and
    (B) A second violation by an employer at a business location if the violation occurred during a probationary period ordered by the court under this subsection or subsection (f), section eight of this article for that employer's business location.
    (g) The Attorney General shall maintain copies of court orders that are received pursuant to subsection (f) of this section and shall maintain a database of the employers and business locations that have a first violation of subsection (a) of this section and make the court orders available on the Attorney General's website.
    (h) On determining whether an employee is an unauthorized alien, the court shall consider only the federal government's determination pursuant to 8 U.S.C. §1373(c). The federal government's determination creates a rebuttable presumption of the employee's lawful status. The court may take judicial notice of the federal government's determination and may request the federal government to provide automated or testimonial verification pursuant to 8 U.S.C. §1373(c).
     (i)For the purposes of this section, proof of verifying the employment authorization of an employee through an e-verify program creates a rebuttable presumption that an employer did not knowingly employ an unauthorized alien.
    (j) For the purposes of this section, an employer that establishes that it has complied in good faith with the requirements of 8 U.S.C. §1324a(b) establishes an affirmative defense that the employer did not knowingly employ an unauthorized alien. An employer is considered to have complied with the requirements of 8 U.S.C. §1324a(b), notwithstanding an isolated, sporadic or accidental technical or procedural failure to meet the requirements, if there is a good faith attempt to comply with the requirements.
    (k) It is an affirmative defense to a violation of subsection (a) of this section that the employer was entrapped. To claim entrapment, the employer must admit by the employer's testimony or other evidence the substantial elements of the violation. An employer who asserts an entrapment defense has the burden of proving the following by a preponderance of the evidence:
    (1) The idea of committing the violation started with law- enforcement officers or their agents rather than with the employer;
    (2) The law-enforcement officers or their agents urged and induced the employer to commit the violation; and
    (3) The employer was not predisposed to commit the violation before the law-enforcement officers or their agents urged and induced the employer to commit the violation.
    (l) An employer does not establish entrapment if the employer was predisposed to violate subsection (a) of this section and the law-enforcement officers or their agents merely provided the employer with an opportunity to commit the violation. It is not entrapment for law-enforcement officers or their agents merely to use a ruse or to conceal their identity. The conduct of law- enforcement officers and their agents may be considered in determining if an employer has proven entrapment. END_STATUTE
§61-14-8. Intentionally employing aliens; prohibition; false and frivolous complaints; violation; classification; license suspension and revocation; affirmative defense.
    (a) An employer shall not intentionally employ an unauthorized alien. If, in the case when an employer uses a contract, subcontract or other independent contractor agreement to obtain the labor of an alien in this state, the employer intentionally contracts with an unauthorized alien or with a person who employs or contracts with an unauthorized alien to perform the labor, the employer violates this subsection.
    (b) The Attorney General shall prescribe a complaint form for a person to allege a violation of subsection (a) of this section. The complainant shall not be required to list the complainant's social security number on the complaint form or to have the complaint form notarized. On receipt of a complaint on a prescribed complaint form that an employer allegedly intentionally employs an unauthorized alien, the Attorney General or county prosecuting attorney shall investigate whether the employer has violated subsection (a) of this section. If a complaint is received but is not submitted on a prescribed complaint form, the Attorney General or county prosecuting attorney may investigate whether the employer has violated subsection (a) of this section. This subsection shall not be construed to prohibit the filing of anonymous complaints that are not submitted on a prescribed complaint form. The Attorney General or county prosecuting attorney shall not investigate complaints that are based solely on race, color or national origin. A complaint that is submitted to a county prosecuting attorney shall be submitted to the county prosecuting attorney in the county in which the alleged unauthorized alien is or was employed by the employer. The county sheriff or any other local law-enforcement agency may assist in investigating a complaint. When investigating a complaint, the Attorney General or county prosecuting attorney shall verify the work authorization of the alleged unauthorized alien with the federal government pursuant to 8 U.S.C. §1373(c). A state, county or local official shall not attempt to independently make a final determination on whether an alien is authorized to work in the United States. An alien's immigration status or work authorization status shall be verified with the federal government pursuant to 8 U.S.C. §1373(c). A person who knowingly files a false and frivolous complaint under this subsection is guilty of a misdemeanor and, upon conviction, shall, for each offense, be fined not less than $250 nor more than $1,000.
    (c) If, after an investigation, the Attorney General or county prosecuting attorney determines that the complaint is not false and frivolous:
    (1) The Attorney General or county prosecuting attorney shall notify the United States immigration and customs enforcement of the unauthorized alien;
    (2) The Attorney General or county prosecuting attorney shall notify the local law-enforcement agency of the unauthorized alien; and
    (3) The Attorney General shall notify the appropriate county prosecuting attorney to bring an action pursuant to subsection (d) of this section if the complaint was originally filed with the Attorney General.
    (d) An action for a violation of subsection (a) of this section shall be brought against the employer by the county prosecuting attorney in the county where the unauthorized alien employee is or was employed by the employer. The county prosecuting attorney shall not bring an action against any employer for any violation of subsection (a) of this section that occurs before July 1, 2012. A second violation of this section shall be based only on an unauthorized alien who is or was employed by the employer after an action has been brought for a violation of subsection (a) of this section or subsection (a), section seven of this article.
    (e) For any action in court under this section, the court shall expedite the action, including assigning the hearing at the earliest practicable date.
    (f) On a finding of a violation of subsection (a) of this section:
    (1) For a first violation, as described in subdivision (3) of this subsection, the court shall:
    (A) Order the employer to terminate the employment of all unauthorized aliens;
    (B) Order the employer to be subject to a five-year probationary period for the business location where the unauthorized alien performed work. During the probationary period the employer shall file quarterly reports in the form provided in section eight of this article with the county prosecuting attorney of each new employee who is hired by the employer at the business location where the unauthorized alien performed work; and
    (C) Order the appropriate agencies to suspend all licenses described in paragraph (D) of this subdivision that are held by the employer for a minimum of ten days. The court shall base its decision on the length of the suspension under this subdivision on any evidence or information submitted to it during the action for a violation of this subsection and shall consider the following factors, if relevant:
    (i) The number of unauthorized aliens employed by the employer;
    (ii) Any prior misconduct by the employer;
    (iii) The degree of harm resulting from the violation;
    (iv) Whether the employer made good faith efforts to comply with any applicable requirements;
    (v) The duration of the violation;
    (vi) The role of the directors, officers or principals of the employer in the violation; and
(vii) Any other factors the court deems appropriate.
    (D) Order the employer to file a signed sworn affidavit with the county prosecuting attorney. The affidavit shall state that the employer has terminated the employment of all unauthorized aliens in this state and that the employer will not intentionally or knowingly employ an unauthorized alien in this state. The court shall order the appropriate agencies to suspend all licenses subject to this subdivision that are held by the employer if the employer fails to file a signed sworn affidavit with the county prosecuting attorney within three business days after the order is issued. All licenses that are suspended under this subdivision for failing to file a signed sworn affidavit shall remain suspended until the employer files a signed sworn affidavit with the county prosecuting attorney. For the purposes of this subdivision, the licenses that are subject to suspension under this subdivision are all licenses that are held by the employer specific to the business location where the unauthorized alien performed work. If the employer does not hold a license specific to the business location where the unauthorized alien performed work, but a license is necessary to operate the employer's business in general, the licenses that are subject to suspension under this subdivision are all licenses that are held by the employer at the employer's primary place of business. On receipt of the court's order and notwithstanding any other law, the appropriate agencies shall suspend the licenses according to the court's order. The court shall send a copy of the court's order to the Attorney General and the Attorney General shall maintain the copy pursuant to subsection (g) of this section.
    (2) For a second violation, as described in subdivision (3) of this subsection, the court shall order the appropriate agencies to permanently revoke all licenses that are held by the employer specific to the business location where the unauthorized alien performed work. If the employer does not hold a license specific to the business location where the unauthorized alien performed work, but a license is necessary to operate the employer's business in general, the court shall order the appropriate agencies to permanently revoke all licenses that are held by the employer at the employer's primary place of business. On receipt of the order and notwithstanding any other law, the appropriate agencies shall immediately revoke the licenses.
    (3) The violation shall be considered:
    (A) A first violation by an employer at a business location if the violation did not occur during a probationary period ordered by the court under this subsection or subsection (f), section seven of this article for that employer's business location; and
    (B) A second violation by an employer at a business location if the violation occurred during a probationary period ordered by the court under this subsection or subsection (f), section seven of this article for that employer's business location.
    (g) The Attorney General shall maintain copies of court orders that are received pursuant to subsection (f) of this section and shall maintain a database of the employers and business locations that have a first violation of subsection (a) of this section and make the court orders available on the Attorney General's website.
    (h) On determining whether an employee is an unauthorized alien, the court shall consider only the federal government's determination pursuant to 8 U.S.C. §1373(c). The federal government's determination creates a rebuttable presumption of the employee's lawful status. The court may take judicial notice of the federal government's determination and may request the federal government to provide automated or testimonial verification pursuant to 8 U.S.C. §1373(c).
    (i) For the purposes of this section, proof of verifying the employment authorization of an employee through an e-verify program creates a rebuttable presumption that an employer did not intentionally employ an unauthorized alien.
    (j) For the purposes of this section, an employer that establishes that it has complied in good faith with the requirements of 8 U.S.C. §1324a(b) establishes an affirmative defense that the employer did not intentionally employ an unauthorized alien. An employer is considered to have complied with the requirements of 8 U.S.C. §1324a(b), notwithstanding an isolated, sporadic or accidental technical or procedural failure to meet the requirements, if there is a good faith attempt to comply with the requirements.
    (k) It is an affirmative defense to a violation of subsection (a) of this section that the employer was entrapped. To claim entrapment, the employer must admit by the employer's testimony or other evidence the substantial elements of the violation. An employer who asserts an entrapment defense has the burden of proving the following by a preponderance of the evidence:
    (1) The idea of committing the violation started with law- enforcement officers or their agents rather than with the employer;
    (2) The law-enforcement officers or their agents urged and induced the employer to commit the violation; and
    (3) The employer was not predisposed to commit the violation before the law-enforcement officers or their agents urged and induced the employer to commit the violation.
    (l) An employer does not establish entrapment if the employer was predisposed to violate subsection (a) of this section and the law-enforcement officers or their agents merely provided the employer with an opportunity to commit the violation. It is not entrapment for law-enforcement officers or their agents merely to use a ruse or to conceal their identity. The conduct of law- enforcement officers and their agents may be considered in determining if an employer has proven entrapment.
§61-14-9. Immigration Intelligence Team Enforcement Mission Fund.
    The Immigration Intelligence Team Enforcement Mission Fund is established consisting of moneys deposited pursuant to section three of this article and moneys appropriated by the Legislature. Moneys in the fund are subject to legislative appropriation and shall be used for immigration enforcement and for regional jail reimbursement costs relating to illegal immigration.
§61-14-10. Severability; implementation; construction
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    (a) If a provision of this article or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the act that can be given effect without the invalid provision or application, and to this end the provisions of this article are severable.
    (b) The terms of this article regarding immigration shall be construed to have the meanings given to them under federal immigration law.
    (c) This article shall be implemented in a manner consistent with federal laws regulating immigration, protecting the civil rights of all persons and respecting the privileges and immunities of United States citizens.


    NOTE: This bill creates the "Support Our Law Enforcement and Safe Neighborhoods Act." The bill defining terms, requires cooperation among officials and agencies and permits certain lawful actions. The bill requires aliens to carry alien registration documents and establishes enforcement procedures. The bill also makes it illegal to stop and pick up passengers for work, to transport, move, conceal, harbor or shielding of unauthorized aliens. Further, the bill makes it illegal to knowingly or intentionally employ unauthorized aliens and to make false or frivolous complaints. The bill creates the Intelligence Team Enforcement Mission Fund. Also, the bill sets forth penalties and provides a severability provision.

    This article is new; therefore, strike-throughs and underscoring have been omitted.
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