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1 8 United States Code section 1373(c). The federal government's determination
2 creates a rebuttable presumption of the employee's lawful status. The court
3 may take judicial notice of the federal government's determination and may
4 request the federal government to provide automated or testimonial
5 verification pursuant to 8 United States Code section 1373(c).
6 I. For the purposes of this section, proof of verifying the employment
7 authorization of an employee through the e-verify program creates a
8 rebuttable presumption that an employer did not intentionally employ an
9 unauthorized alien.
10 J. For the purposes of this section, an employer that establishes that
11 it has complied in good faith with the requirements of 8 United States Code
12 section 1324a(b) establishes an affirmative defense that the employer did not
13 intentionally employ an unauthorized alien. An employer is considered to
14 have complied with the requirements of 8 United States Code section 1324a(b),
15 notwithstanding an isolated, sporadic or accidental technical or procedural
16 failure to meet the requirements, if there is a good faith attempt to comply
17 with the requirements.
18 K. IT IS AN AFFIRMATIVE DEFENSE TO A VIOLATION OF SUBSECTION A OF THIS
19 SECTION THAT THE EMPLOYER WAS ENTRAPPED. TO CLAIM ENTRAPMENT, THE EMPLOYER
20 MUST ADMIT BY THE EMPLOYER'S TESTIMONY OR OTHER EVIDENCE THE SUBSTANTIAL
21 ELEMENTS OF THE VIOLATION. AN EMPLOYER WHO ASSERTS AN ENTRAPMENT DEFENSE HAS
22 THE BURDEN OF PROVING THE FOLLOWING BY CLEAR AND CONVINCING EVIDENCE:
23 1. THE IDEA OF COMMITTING THE VIOLATION STARTED WITH LAW ENFORCEMENT
24 OFFICERS OR THEIR AGENTS RATHER THAN WITH THE EMPLOYER.
25 2. THE LAW ENFORCEMENT OFFICERS OR THEIR AGENTS URGED AND INDUCED THE
26 EMPLOYER TO COMMIT THE VIOLATION.
27 3. THE EMPLOYER WAS NOT PREDISPOSED TO COMMIT THE VIOLATION BEFORE THE
28 LAW ENFORCEMENT OFFICERS OR THEIR AGENTS URGED AND INDUCED THE EMPLOYER TO
29 COMMIT THE VIOLATION.
30 L. AN EMPLOYER DOES NOT ESTABLISH ENTRAPMENT IF THE EMPLOYER WAS
31 PREDISPOSED TO VIOLATE SUBSECTION A OF THIS SECTION AND THE LAW ENFORCEMENT
32 OFFICERS OR THEIR AGENTS MERELY PROVIDED THE EMPLOYER WITH AN OPPORTUNITY TO
33 COMMIT THE VIOLATION. IT IS NOT ENTRAPMENT FOR LAW ENFORCEMENT OFFICERS OR
34 THEIR AGENTS MERELY TO USE A RUSE OR TO CONCEAL THEIR IDENTITY. THE CONDUCT
35 OF LAW ENFORCEMENT OFFICERS AND THEIR AGENTS MAY BE CONSIDERED IN DETERMINING
36 IF AN EMPLOYER HAS PROVEN ENTRAPMENT.
37 Sec. 8. Section 23-214, Arizona Revised Statutes, is amended to read:
38 23-214. Verification of employment eligibility; e-verify
39 program; economic development incentives; list of
40 registered employers
41 A. After December 31, 2007, every employer, after hiring an employee,
42 shall verify the employment eligibility of the employee through the e-verify
43 program AND SHALL KEEP A RECORD OF THE VERIFICATION FOR THE DURATION OF THE
44 EMPLOYEE'S EMPLOYMENT OR AT LEAST THREE YEARS, WHICHEVER IS LONGER.
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1 B. In addition to any other requirement for an employer to receive an
2 economic development incentive from a government entity, the employer shall
3 register with and participate in the e-verify program. Before receiving the
4 economic development incentive, the employer shall provide proof to the
5 government entity that the employer is registered with and is participating
6 in the e-verify program. If the government entity determines that the
7 employer is not complying with this subsection, the government entity shall
8 notify the employer by certified mail of the government entity's
9 determination of noncompliance and the employer's right to appeal the
10 determination. On a final determination of noncompliance, the employer shall
11 repay all monies received as an economic development incentive to the
12 government entity within thirty days of the final determination. For the
13 purposes of this subsection:
14 1. "Economic development incentive" means any grant, loan or
15 performance-based incentive from any government entity that is awarded after
16 September 30, 2008. Economic development incentive does not include any tax
17 provision under title 42 or 43.
18 2. "Government entity" means this state and any political subdivision
19 of this state that receives and uses tax revenues.
20 C. Every three months the attorney general shall request from the
21 United States department of homeland security a list of employers from this
22 state that are registered with the e-verify program. On receipt of the list
23 of employers, the attorney general shall make the list available on the
24 attorney general's website.
25 Sec. 9. Section 28-3511, Arizona Revised Statutes, is amended to read:
26 28-3511. Removal and immobilization or impoundment of vehicle
27 A. A peace officer shall cause the removal and either immobilization
28 or impoundment of a vehicle if the peace officer determines that a person is
29 driving the vehicle while any of the following applies:
30 1. The person's driving privilege is suspended or revoked for any
31 reason.
32 2. The person has not ever been issued a valid driver license or
33 permit by this state and the person does not produce evidence of ever having
34 a valid driver license or permit issued by another jurisdiction. This
35 paragraph does not apply to the operation of an implement of husbandry.
36 3. The person is subject to an ignition interlock device requirement
37 pursuant to chapter 4 of this title and the person is operating a vehicle
38 without a functioning certified ignition interlock device. This paragraph
39 does not apply to a person operating an employer's vehicle or the operation
40 of a vehicle due to a substantial emergency as defined in section 28-1464.
41 4. THE PERSON IS IN VIOLATION OF A CRIMINAL OFFENSE AND IS
42 TRANSPORTING, MOVING, CONCEALING, HARBORING OR SHIELDING OR ATTEMPTING TO
43 TRANSPORT, MOVE, CONCEAL, HARBOR OR SHIELD AN ALIEN IN THIS STATE IN A
44 VEHICLE IF THE PERSON KNOWS OR RECKLESSLY DISREGARDS THE FACT THAT THE ALIEN
45 HAS COME TO, HAS ENTERED OR REMAINS IN THE UNITED STATES IN VIOLATION OF LAW.
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1 B. A peace officer shall cause the removal and impoundment of a
2 vehicle if the peace officer determines that a person is driving the vehicle
3 and if all of the following apply:
4 1. The person's driving privilege is canceled, suspended or revoked
5 for any reason or the person has not ever been issued a driver license or
6 permit by this state and the person does not produce evidence of ever having
7 a driver license or permit issued by another jurisdiction.
8 2. The person is not in compliance with the financial responsibility
9 requirements of chapter 9, article 4 of this title.
10 3. The person is driving a vehicle that is involved in an accident
11 that results in either property damage or injury to or death of another
12 person.
13 C. Except as provided in subsection D of this section, while a peace
14 officer has control of the vehicle the peace officer shall cause the removal
15 and either immobilization or impoundment of the vehicle if the peace officer
16 has probable cause to arrest the driver of the vehicle for a violation of
17 section 4-244, paragraph 34 or section 28-1382 or 28-1383.
18 D. A peace officer shall not cause the removal and either the
19 immobilization or impoundment of a vehicle pursuant to subsection C of this
20 section if all of the following apply:
21 1. The peace officer determines that the vehicle is currently
22 registered and that the driver or the vehicle is in compliance with the
23 financial responsibility requirements of chapter 9, article 4 of this title.
24 2. The spouse of the driver is with the driver at the time of the
25 arrest.
26 3. The peace officer has reasonable grounds to believe that the spouse
27 of the driver:
28 (a) Has a valid driver license.
29 (b) Is not impaired by intoxicating liquor, any drug, a vapor
30 releasing substance containing a toxic substance or any combination of
31 liquor, drugs or vapor releasing substances.
32 (c) Does not have any spirituous liquor in the spouse's body if the
33 spouse is under twenty-one years of age.
34 4. The spouse notifies the peace officer that the spouse will drive
35 the vehicle from the place of arrest to the driver's home or other place of
36 safety.
37 5. The spouse drives the vehicle as prescribed by paragraph 4 of this
38 subsection.
39 E. Except as otherwise provided in this article, a vehicle that is
40 removed and either immobilized or impounded pursuant to subsection A, B or C
41 of this section shall be immobilized or impounded for thirty days. An
42 insurance company does not have a duty to pay any benefits for charges or
43 fees for immobilization or impoundment.
44 F. The owner of a vehicle that is removed and either immobilized or
45 impounded pursuant to subsection A, B or C of this section, the spouse of the
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