SB 11 III 15 pt5

SENATE BILL XXXX ERL KC CPoDE
1. AN ACT
2. Sec. 1 AMENDING TITLE 11, Subchapter III Ch15, DELAWARE REVISED

STATUTES, BY ADDING SECTION 813,814 AND 815
3. Sec. 813. Title 11, III 15, DEL C., is amended by adding section 813, to read:
4. In addition to any violation of federal law, a person is guilty of criminal trespass in the third
degree when the person knowingly enters or remains unlawfully upon real property.
5. Criminal trespass in the third degree is a violation.
6. A IN VIOLATION OF 8 UNITED STATES CODE SECTION 1304(e) OR 1306(a).
7. 11 Del. C. 1953, § 821; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8; 70 Del. Laws, c.
186, § 1.;
8. B. In the enforcement of this section, the final determination of an alien’s immigration
9. Status shall be determined by either:
10. A law enforcement officer who is authorized by the federal government to verify or ascertain
a alien’s immigration status
11. A law enforcement officer or agency communicating with the United States Immigration and
Customs Enforcement or the United States Border Protection
12. Pursuant to 8 USC Section 1373(c)
13. C. A person who is sentenced pursuant to this section is not eligible for suspension or
commutation of sentence or release on any basis until the sentence imposed is duly served.
14. D. In addition to any other penalty of law, the court shall order the person to pay jail costs
and an additional assessment in the following amounts:
15. 1 A fine shall be no less than three hundred and fifty dollars for the first violation
16. The fine shall be doubled in Paragraph 1 of this subsection if the person has been previously
assessed pursuant to this subsection.
17. E A court shall collect the assessments prescribed in subsection D of this section and
18. Remit the assessments to the Department of Public Safety, which shall establish a special sub
account for the monies in the account established for Delaware State Police Intelligence Unit
on Immigration and Violent Gangs.
19. Mission Appropriation. Monies in the special sub account are subject to legislative
appropriations for distribution for Gang and immigration enforcement and for Department of
Corrections reimbursement costs relating to illegal immigration.
20. F This section does not apply to a person who maintains authorization from the federal
government to remain in the United States.
21. G A violation of this section is a Class 1 Misdemeanor, Except that a violation of this section
is:
22. 1 A Class 3 Felony only if the person violates this section while in possession of any of the
following:
a. Any controlled substances as defined in Title 16 Del C. Ch. 47.
b. Precurser Chemicals that are used in the Manufacturing of Methamphetamine in
violation of Section 16 - 4751
c. A deadly weapon or a Dangerous instrument, as defined in Section 11-1447
d. Property that is used for the purpose of Committing an act of Terrorism as
prescribed in 11-1338
23. 2 A Class A Felony if he person either:
a. is convicted of a second subsequent violation of this section.
24. Within sixty moths before the violation, who has been removed from the State of Delaware
or the United States pursuant to 8 USC Section 1229(a), or has accepted a voluntary removal
from the United States pursuant to 8 USC Section 1229 (c)
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2. Title 11, III 15, DEL C., is amended by adding section 814, to read:
3. A person is guilty of criminal trespass in the second degree when the person
4. knowingly enters or remains unlawfully in a building or upon real property which is
5. fenced or otherwise enclosed in a manner manifestly designed to exclude intruders.
6. Criminal trespass in the second degree is an unclassified misdemeanor.
186, § 1.;
8. .
10. 11 Del. C. 1953, § 821; 58 Del. Laws, c. 497, § 1; 67 Del. Laws, c. 130, § 8;
11. 70 Del. Laws, c. 186, § 1.;
15. a alien’s immigration status
17. Customs Enforcement or the United States Border Protection
20. commutation of sentence or release on any basis until the sentence imposed is duly served.
22. and an additional assessment in the following amounts:
25. assessed pursuant to this subsection.
28. account for the monies in the account established for Delaware State Police Intelligence Unit
29. on Immigration and Violent Gangs.
31. appropriations for distribution for Gang and immigration enforcement and for Department of
32. Corrections reimbursement costs relating to illegal immigration.
34. government to remain in the United States.
36. is:
following:
b. Precursor Chemicals that are used in the Manufacturing of Methamphetamine in
violation of Section 16 – 4751
38. Property that is used for the purpose of committing an act of Terrorism as prescribed in 11-
1338
40. Within sixty moths before the violation, who has been removed from the State of Delaware
41. or the United States pursuant to 8 USC Section 1229(a), or has accepted a voluntary removal
42. from the United States pursuant to 8 USC Section 1229 (c)
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2. Title 11, III 15, DEL C., is amended by adding section 815, to read:
3. A person is guilty of criminal trespass in the first degree when the person knowingly
4. enters or remains unlawfully in a dwelling or building used to shelter, house, milk,
5. raise, feed, breed, study or exhibit animals.
6. Criminal trespass in the first degree is a class A misdemeanor.
7. 11 Del. C. 1953, § 823; 58 Del. Laws, c. 497, § 1; 65 Del. Laws, c. 482, § 1; 67 Del.
8. Laws, c. 130, § 8; 70 Del. Laws, c. 186, § 1.; .
186, § 1.;
a alien’s immigration status
Customs Enforcement or the United States Border Protection
commutation of sentence or release on any basis until the sentence imposed is duly served.
and an additional assessment in the following amounts:
assessed pursuant to this subsection.
account for the monies in the account established for Delaware State Police Intelligence Unit
on Immigration and Violent Gangs.
appropriations for distribution for Gang and immigration enforcement and for Department of
Corrections reimbursement costs relating to illegal immigration.
government to remain in the United States.
is:
following:
b. Precursor Chemicals that are used in the Manufacturing of Methamphetamine in
violation of Section 16 - 4751
d. Property that is used for the purpose of Committing an act of Terrorism as
prescribed in 11-1338
b. Within sixty moths before the violation, who has been removed from the the State
of Delaware or the United States pursuant to 8 USC Section 1229(a), or has
accepted a voluntary removal from the United States pursuant to 8 USC Section
1229 (c)
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2. Sec. 4 TITLE 9 OF THE DELAWARE CODE IS AMENDED. ADDING
SUBCHAPTER; VI, TO READ:
3. Cooperation and assistance in enforcement of immigration laws; indemnification
4. A. No official or agency of the county may adopt a policy that limits or restricts the
5. enforcement of federal immigration laws to less than the full extent permitted by federal law.
6. B. For any lawful contact made by a law enforcement official or agency of the county of this
7. state
8. where reasonable suspicion exists that the person is an alien who is unlawfully present in the
9. United States, a reasonable attempt shall be made, when Practicable, to determine the
10. immigration status of the person. The person’s immigration status shall be verified with the
11. federal government pursuant to 8 USC § 1373 (c)
12.
13. C. If an alien who is unlawfully present in the state of Delaware and United States is
14. convicted of
15. a violation of state or local law, on discharge from imprisonment or assessment of any fine
16. that is imposed, the alien shall be transferred immediately to the custody of the United States
17. Immigration and Customs Enforcement or the US Customs and Border Protection.
18.
19. D. Nevertheless, any other law, a law enforcement agency may securely transport an alien
20. who is unlawfully present in the United States and who is in the agency’s custody to a federal
21. facility in this state or to any other point of transfer into federal custody that is outside the
22. jurisdiction of the law enforcement agency.
23.
24. E. A law enforcement officer, without a warrant, may arrest a person if the officer has
25. probable cause to believe that the person has committed any public offense that makes
26. the person removable from the United States.
27.
28. F. Except as provided in Federal Law. Officials or agencies of the county may not be
29. prohibited or in any way be restricted from sending receiving, or maintaining information
30. relating to the immigration status of an individual or exchanging that information with
31. any other federal, state, or local governmental entity for the following official purposes
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33. 1 Determining eligibility for any public benefit, service or license provided by an any federal,
state, county or town of this state
2 Verifying any claim of residence or domicile if determination of residence or
34. domicile is required under the laws of this state or a judicial order issued pursuant to a
35. civil or criminal proceeding in this state.
36. 3 Confirming the identity of any person who is detained.
37. 4 If the person is an alien, determining whether the person is in compliance with
38. the Federal Registration laws prescribed by Titled II Ch. 7 of the Federal Immigration and
39. Nationality Act.
40. G. A Person may bring action in superior court to challenge any official or agency
41. of the county that adopts or implements a policy that limits or restricts the
42. enforcement of Federal Immigration laws to less than the full extent of the law
43. permitted by federal law. If there is a judicial finding that an entity has violated
44. this section, the court shall order any of the following:
a. That the person who brought the action recover court costs and attorney fees.
b. That the entity pay a civil penalty of not less than one thousand dollars and no more
than seven thousand dollars for each day that the policy has remained in effect after
the filing of an action pursuant to this subchapter.
45. H. A court shall collect civil penalty prescribed in subsection G and remit the civil
46. penalty to the Department of Public Safety for deposit in the Delaware State Police
47. Intelligence Gang and Immigration Unit. Pursuant to Del C. § 1332 Del. C. 29 § 8206.
48. Division of State Police,
49. 29 Del. C. 1953, § 8206; 57 Del. Laws, c. 382, § 1, 71 Del. Laws, c. 401, § 59, 9
50. Del. C. 1953, § 1401; 55 Del.
51. Laws, c. 85, § 2; 71 Del. Laws, c. 401, § 59, Code 1852, §§ 618-621; 11 Del. Laws, c.
52. 194; 11 Del.
53. Laws, c. 215; 11 Del. Laws, c. 365; 11 Del. Laws, c. 405; 11 Del. Laws, c. 591; 12 Del.
54. Laws, c.
55. 29; 12 Del. Laws, c. 42; 13 Del. Laws, c. 404; 14 Del. Laws, c. 26, § 1; 15 Del. Laws, c.
56. 25; 16
57. Del. Laws, c. 333; 17 Del. Laws, c. 40, § 1; 17 Del. Laws, c. 41; 18 Del. Laws, c. 478, §
58. 1; 20 Del.
59. Laws, c. 404, § 1; 21 Del. Laws, c. 22, § 10; 21 Del. Laws, c. 205, §§ 1, 2; 22 Del. Laws,
60. c. 54,
61. § 10; 22 Del. Laws, c. 295, § 1; 24 Del. Laws, c. 95, § 1; Code 1915, §§ 1397-1400,
62. 1400A,
63. 1400B; 29 Del. Laws, c. 83, § 1; 29 Del. Laws, c. 84, § 1; 30 Del. Laws, c. 88, § 1; 32
64. Del. Laws,
65. c. 81, § 1; 33 Del. Laws, c. 89, § 1; 36 Del. Laws, c. 124, § 1; 40 Del. Laws, c. 138, § 1;
66. Code
67. 1935, §§ 1565-1567; 10 Del. C. 1953, §§ 2701-2705; 49 Del. Laws, c. 233; 49 Del.
68. Laws, c. 239;
69. 53 Del. Laws, c. 295; 54 Del. Laws, c. 15, §§ 1, 2; 54 Del. Laws, c. 36; 55 Del. Laws,
70. c. 85, § 32Q; 64 Del. Laws, c. 72, § 1; 65 Del. Laws, c. 433, § 1; 67 Del. Laws, c. 351,
71. § 1; 70 Del. Laws, c. 186, § 1; 75 Del. Laws, c. 322, § 6[5].; Code 1852, § 630; 12 Del.
72. Laws, c. 86;
73. 15 Del. Laws, c. 443; Code 1915, §§ 1398, 1412; 33 Del. Laws, c. 89, § 3; Code 1935, §§
74. 1565,
75. 1579; 10 Del. C. 1953, §§ 2723, 2724; 65 Del. Laws, c. 433, § 1; 67 Del. Laws, c. 351, §
76. 6;
77. 70 Del. Laws, c. 186, § 1.;
78.
79. This Section shall be implemented constant with federal laws regulating immigration, to
80. Preserve the civil rights of all persons, privileges and immunities of United States
81. citizens.
82.
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1. Sec. 4. Title 29, DEL C. IS AMENDMED ADDING
2. CHAPTER 82a, to read:
3. 82a. Gang and immigration intelligence enforcement task unit mission fund
4. The Gang and Immigration Intelligence Enforcement Task Unit mission fund is
5. established consisting of monies deposited pursuant to section xx-xxxx and monies
6. appropriated by the legislature. The Department shall administer the fund. Monies in
7. the fund are subject to legislative appropriatins and shall be used for gang and
8. immigration enforcement and Department of corrections reimbursement costs
9. relating to illegal immigration.
10. Sec. 5 Severability, implementation and construction
11.
12. A. If a provision of this act 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 act
are severable.
13.
14. B. The terms of this act regarding immigration shall be construed to have the meanings
15. given to them under federal immigration law.
16.
17. C. This act shall be implemented in a manner consistent with federal laws regulating
18. immigration, protecting the civil rights of all persons and respecting the privileges and
19. immunities of United States citizens.
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1. Sec. 534. Title 11, chapter 5, Del C, is amended by adding sections 534 and 535, to
read:
2. 11 534. Unlawful stopping to hire and pick up passengers for work; unlawful
3. application, solicitation or employment; classification; definitions
4.
A. It is unlawful for an occupant of a 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 vehicle blocks or impedes the normal movement of traffic.
B. It is unlawful for a person to enter a 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 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.
5. A violation of this section is a class A misdemeanor.
For the purposes of this section;
A. “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
B. “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 by 8 USC§
1324a(h)(3).
6. Sec. 535. Title 11, chapter 5, Del C Unlawful transporting, moving, concealing,
harboring or shielding of unlawful aliens; vehicle impoundment; classification
A. It is unlawful for a person who is in violatin of a criminal offence to:
7. 1. Transport or move or attempt to transport or move an alien in tis state in a means

of
8. transportation if the person knows or recklessly disregars the fact that the alien has
come
9. to. Has entered or remains in the United States in Violation of Law.
10. 2. Conceal, harbor or shield or attempt to conceal, harbor or shield an alien from
detection
11. in any place in this state, Including any building or any form of transportation, if
the
12. person knows or recklessly disregards the fact that the alien has come to, has
entered or
13. remains in the United States in violation of law.
14. 3. Encourage or induce an alien to come to or reside in the state if the person knows
or
15. recklessly disregards the fact that such coming to, entering or residing in this state is
or
16. will be in violation of the law.
17. B. A means of transportation that is used in the commission of a violation of this
18. section is subject to mandatory vehicle immobilization or impoundment pursuant to
19. § 4402 Del C. TITLE 21
1. C. A person who violates this section is guilty of a class A Misdemeanor and is

subject to
2. a fine of no less than Seven Hundred and fifty dollars, except that a violation of this
3. section that involves ten or more illegal aliens is a Class F Felony and the person is
4. subject to a find of at least seven hundred and fifty dollars for each alien who is
involved.
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Title 19 Delaware Code Chapter 7 is amended adding Section 710
Knowingly employing unauthorized aliens; prohibition; false and frivolous complaints;

violation; classification; license suspension and revocation; affirmative defense
1. A. An employer shall not intentionally employ an unauthorized alien.

2. If, in the case when an employer uses a contract, subcontract or other independent
contractor
3. agreement to obtain the labor of an alien in this state, the employer intentionally contracts
4. with an unauthorized alien or with a person who employs or contracts with an
5. unauthorized alien to perform the labor, the employer violates this subsection.
6.
7. B. The attorney general shall prescribe a complaint form for a person to allege a
violation
8. of subsection A of this section. The complainant shall not be required to list the
9. complainant's social security number on the complaint form or to have the complaint
10. form notarized. On receipt of a complaint, on a prescribed complaint form that an
11. employer allegedly intentionally employs an unauthorized alien, the attorney general or
12. county or municipality attorney shall investigate whether the employer has violated
13. subsection A of this section. If a complaint is received but is not submitted on a
14. prescribed complaint form, the attorney general, county or municipality attorney may
15. investigate whether the employer has violated subsection A of this section. This
16. subsection shall not be construed to prohibit the filing of anonymous complaints that are
17. not submitted on a prescribed complaint form. The attorney general, county or
18. municipality attorney shall not investigate complaints that are based solely on race, color
19. or national origin. A complaint that is submitted to a county or a municipality attorney
20. shall be submitted to the county attorney in the county in which the alleged unauthorized
21. alien is or was employed by the employer. The local law enforcement agency may assist
22. in investigating a complaint. When investigating a complaint, the attorney general,
23. county, or municipality attorney shall verify the work authorization of the alleged
24. unauthorized alien with the federal government pursuant to 8 USC § 1373(c). A state,
25. county or local official shall not attempt to independently make a final determination on
26. whether an alien is authorized to work in the United States. An alien's immigration status
27. or work authorization status shall be verified with the federal government pursuant to
28. 8 USC § 1373(c). A person who knowingly files a false and frivolous complaint under
29. this subsection is guilty of a class 3 misdemeanor.
30.
31. C. If, after an investigation, the attorney general or county attorney determines that the
complaint
32. is not false and frivolous:
33. 1. The attorney general or county attorney shall notify the United States immigration and
34. customs enforcement of the unauthorized alien.
35. 2. The attorney general or county attorney shall notify the local law enforcement agency
of the unauthorized alien.
36. 3. The attorney general shall notify the appropriate county or municipality attorney to
37. bring an action pursuant to subsection D of this section if the complaint was originally
38. filed with the attorney general.
39.
40. D. An action for a violation of subsection A of this section shall be brought against the
41. employer by the county or municipality attorney in the county where the unauthorized
42. alien employee is or was employed by the employer. The county or municipality attorney
43. shall not bring an action against any employer for any violation of subsection A of this
44. section that occurs before January 1, 2008. A second violation of this section shall be
45. based only on an unauthorized alien who is or was employed by the employer after an
46. action has been brought for a violation of subsection A of this section or section 19-710,
47. subsection A.
48.
49. E. For any action in superior court under this section, the court shall expedite the
action,
50. including assigning the hearing at the earliest practicable date.
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52.
53. F. On a finding of a violation of subsection A of this section:
54.
55. 1. For a first violation, as described in paragraph 3 of this subsection, the court:
56. (a) Shall order the employer to terminate the employment of all unauthorized alien(s).
57. (b) Shall order the employer to be subject to a three year probationary period for the
58. business location where the unauthorized alien performed work. During the probationary
59. period the employer shall file quarterly reports in the form provided in section 19-1111
60. with the county attorney of each new employee who is hired by the employer at the
61. business location where the unauthorized alien performed work.
62. 19 Del. C. 1953, § 1111; 55 Del. Laws, c. 19, § 1; 56 Del. Laws, c. 442, § 1; 70 Del.
Laws, c. 186, §
63. 1.
64. (c) Shall order the employer to file a signed sworn affidavit with the county attorney
within
65. three business days after the order is issued. The affidavit shall state that the employer
66. has terminated the employment of all unauthorized alien(s) in this state and that the
67. employer will not intentionally or knowingly employ anyone who are considered
unauthorized alien(s) in this state.
68. The court shall order the appropriate agencies to suspend all licenses subject to this
69. subdivision that are held by the employer if the employer fails to file a signed sworn
70. affidavit with the State, county or municipality attorney within three business days after
71. the order is issued. All licenses that are suspended under this subdivision shall remain
72. suspended until the employer files a signed sworn affidavit with the State county or
municipality attorney of venue.
73. Notwithstanding any other law, on filing of the affidavit the suspended licenses shall be
74. reinstated immediately by the appropriate agencies. For the purposes of this subdivision,
75. the licenses that are subject to suspension under this subdivision are all licenses that are
76. held by the employer specific to the business location where the unauthorized alien
77. performed work. If the employer does not hold a license specific to the business location
78. where the unauthorized alien performed work, but a license is necessary to operate the
79. employer's business in general, the licenses that are subject to suspension under this
80. subdivision are all licenses that are held by the employer at the employer's primary place
81. of business. On receipt of the court's order and notwithstanding any other law, the
82. appropriate agencies shall suspend the licenses according to the court's order. The court
83. shall send a copy of the court's order to the attorney general and the attorney general
84. shall maintain the copy pursuant to subsection G of this section.
85. (d) May order the appropriate agencies to suspend all licenses described in subdivision (c)
86. of this paragraph that are held by the employer for not to exceed ten business days. The
87. court shall base its decision to suspend under this subdivision on any evidence or
88. information submitted to it during the action for a violation of this subsection and shall
89. consider the following factors, if relevant:
90. (i) The number of unauthorized aliens employed by the employer.
91. (ii) Any prior misconduct by the employer.
92. (iii) The degree of harm resulting from the violation.
93. (iv) Whether the employer made good faith efforts to comply with any applicable
requirements.
94. (v) The duration of the violation.
95. (vi) The role of the directors, officers or principals of the employer in the violation.
96. (vii) Any other factors the court deems appropriate.
97. 2. For a second violation, as described in paragraph 3 of this
98. subsection, the court shall order the appropriate agencies to permanently
99. revoke all licenses that are held by the employer specific to the business
100. location where the unauthorized alien performed work. If the employer does
101. not hold a license specific to the business location where the unauthorized
102. alien performed work, but a license is necessary to operate the employer's
103. business in general, the court shall order the appropriate agencies to
104. permanently revoke all licenses that are held by the employer at the
105. employer's primary place of business. On receipt of the order and
106. notwithstanding any other law, the appropriate agencies shall immediately
107. revoke the licenses.
108. 3.The violation shall be considered:
109. (a) A first violation by an employer at a business location if the
110. violation did not occur during a probationary period ordered by the court under
111. this subsection or section 19-1111,1114.
112. 19 Del. C. 1953, § 1114; 55 Del. Laws, c. 19, § 1; 56 Del. Laws, c. 442, § 1.
113. (b) A second violation by an employer at a business location if the violation
114. occurred during a probationary period ordered by the court under
115. this subsection or section 19-1111,1114, 19 Del. C. 1953, § 1114;
116. 55 Del. Laws, c. 19, § 1;
117. 56 Del. Laws, c. 442, § 1.; 19 Del. C. 1953, § 1111; 55 Del. Laws, c. 19, § 1;
118. 56 Del. Laws, c. 442, § 1; 70 Del. Laws, c. 186, § 1.
119.
120. G. The attorney general shall maintain copies of court orders that are received.
121.
122. H. On determining whether an employee is an unauthorized alien, the court shall
123. consider only
124. the federal government’s determination pursuant to 8 USC § 1373(c). The federal
125. government’s determination creates a rebuttable presumption f the employee’s lawful
126. status. The
127. court may take judicial notice of the federal government’s determination and may request
128. the
129. federal government to provide automated or testimonial verification pursuant to 8 USC
130. §1373 (c).
131.
132. I. For the purpose of this section proof of verifying the employment authorization of an
133. employee
134. through the e-verify program creates a rebuttable presumption that an employer did not
135. knowingly
136. employ an unauthorized alien.
137. J For the purpose of this section an employer that establishes that it has complied in good
138. faith
139. with the requirements of 8 USC §1324a (b) establishes an affirmation of defense that the
140. employer did not knowingly employ an unauthorized alien. An employer is considered to
141. have complied with the requirements of 8 USC §1324a (b),notwithstanding an isolated
142. sporadic or accidental technical or procedural failure to meet the requirements, if there is
143. a good faith attempt to comply with the requirements.
144. K. IT IS AN AFFIRMATIVE DEFENSE TO A VIOLATION OF SUBSECTION A OF THIS
145. SECTION THAT THE EMPLOYER WAS ENTRAPPED. TO CLAIM ENTRAPMENT, THE
146. EMPLOYER MUST ADMIT BY THE EMPLOYER'S TESTIMONY OR OTHER EVIDENCE THE
147. SUBSTANTIAL ELEMENTS OF THE VIOLATION. AN EMPLOYER WHO ASSERTS AN
148. ENTRAPMENT DEFENSE HAS THE BURDEN OF PROVING THE FOLLOWING BY CLEAR
149. AND CONVINCING EVIDENCE:
150.
151. 1. The idea of committing the violation started with law enforcement officers or their
152. agents rather than the employer.
153. 2 The law enforcement officers or their agents urged and induced the employer to commit the
154. violation.
155. 3 The employer was not predisposed to commit the violation before the law enforcement
156. officers or their agents urged and induced the employer to commit the violation.
157. L. An Employer does not establish entrapment if the employer was predisposed to
158. violate subsection A of this section and the law enforcement officers or their agents
159. merely provided the employer an opportunity to commit the violation. It is not
160. entrapment for law enforcement officers or their agents merely to use a ruse or to conceal
161. their identity. The conduct of law enforcement officers and their agents may be
162. considered in determining if an employer has proven entrapment.
84. ERL KC CPoDE

1. Sec. 5. Section Title 19, DelawareCode, is amended to add § 711 read:
2. Section 19-711, Verification of employment eligibility; e-verify program; economic
3. development incentives; list of registered employers.
4.
5. A. After December 31, 2007, every employer, after hiring an employee,shall verify the
6. employment eligibility of the employee through the e-verify program
7. AND SHALL KEEP A RECORD OF THE VERIFICATION FOR THE
DURATION OF THE
8. EMPLOYEE'S EMPLOYMENT OR AT LEAST THREE YEARS, WHICHEVER
IS LONGER.
9.
10. B. In addition to any other requirement for an employer to receive an economic
11. development incentive from a government entity, the employer shall register with and
12. participate in the e-verify program. Before receiving the economic development
incentive,
13. the employer shall provide proof to the government entity that the employer is registered
14. with and is participating in the e-verify program. If the government entity determines that
15. the employer is not complying with this subsection, the government entity shall notify the
16. employer by certified mail of the government entity's determination of noncompliance
and
17. the employer's right to appeal the determination. On a final determination of
18. noncompliance, the employer shall repay all monies received as an economic
19. development incentive to the government entity within thirty days of the final
20. determination. For the purposes of this subsection:
21. 1. "Economic development incentive" means any grant, loan or performance-bases
22. incentive from any government entity that is award after September 30, 2008. Economic
23. development incentives does not include any tax provision under Title 29 or 30.
24. 2 “Government entity” means this state and any political subdivision of the state of
Delaware that receives and uses revenues.
25. C. Every three months the attorney general shall request from the United States
26. department of homeland security a list of employers from this state that are registered wth
27. the e-verify program. On receipt of the list of employers the attorney general shall make
28. the list available on the attorney general’s website.
29.
1. Section 6 Title 21 Delaware Code is amended adding 19- 4192 to read:
2. The person is in violation of a criminal offense and is transporting, moving, concealing,
3. harboring, or shield an alien in this state in a vehicle if the person knows or recklessly
4. disregards the fact that the alien has come to, has entered or remains in the United Sates
5. in violation of the law.
6. ERL KC CPoDE

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SB 11 III 15 pt5

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SENATE BILL XXXX ERL KC CPoDE

2. Sec. 1 AMENDING TITLE 11, Subchapter III Ch15, DELAWARE REVISED

35. civil or criminal proceeding in this state.

36. 3 Confirming the identity of any person who is detained.

39. Nationality Act.

7. 1. Transport or move or attempt to transport or move an alien in tis state in a means

1. C. A person who violates this section is guilty of a class A Misdemeanor and is

83. ERL KC CPoDE

Knowingly employing unauthorized aliens; prohibition; false and frivolous complaints;

1. A. An employer shall not intentionally employ an unauthorized alien.

84. ERL KC CPoDE

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