S T A T E O F N E W Y O R K
________________________________________________________________________
8450
2019-2020 Regular Sessions
I N A S S E M B L Y
July 8, 2019
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Introduced by M. of A. EPSTEIN -- read once and referred to the Commit-
tee on Economic Development
AN ACT to amend the general business law, in relation to immigration
bonds and disclosures for providers of immigrant assistant services
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The general business law is amended by adding a new section
460-d-1 to read as follows:
§ 460-D-1. RESTRICTIONS ON BONDS. 1. (A) NO BOND AGENT OR PERSON WHO
UNDERWRITES OR INSURES THE PROVISION OF AN IMMIGRATION OR OTHER BAIL
BOND WHO REQUIRES THE USE OF AN ANKLE MONITOR OR OTHER HOMING DEVICE AS
A CONDITION FOR THE PROVISION OF SUCH A BOND MAY CHARGE ANY FEE FOR SUCH
MONITOR OR DEVICE THAT EXCEEDS THE COST OF MAINTAINING AND OPERATING
SUCH MONITOR OR DEVICE CHARGED TO THE BOND AGENT OR PERSON WHO UNDER-
WRITES OR INSURES THE PROVISION OF THE BOND.
(B) ANY FEE ASSOCIATED WITH SUCH MONITOR OR DEVICE CHARGED PURSUANT TO
PARAGRAPH (A) OF THIS SUBDIVISION SHALL BE INCLUDED IN CALCULATING THE
LEGALLY PERMISSIBLE NON-REFUNDABLE PAYMENT FOR A GIVEN BOND.
(C) NO BOND AGENT OR PERSON WHO UNDERWRITES OR INSURES THE PROVISION
OF AN IMMIGRATION OR OTHER BAIL BOND WHO REQUIRES THE USE OF AN ANKLE
MONITOR OR OTHER HOMING DEVICE AS A CONDITION FOR THE PROVISION OF SUCH
A BOND MAY PROHIBIT SUCH MONITOR OR DEVICE FROM BEING REMOVED, OR CHARGE
ANY FEE FOR SUCH REMOVAL OR SUBSEQUENT REPLACEMENT, IN CASE OF A MEDICAL
NECESSITY OR REASONABLE FEAR OF A MEDICAL NECESSITY. ANY STATEMENT TO
THE CONTRARY, WHETHER MADE IN WRITING OR ORALLY, RENDERS THE CONTRACT
VOIDABLE BY THE INDIVIDUAL FOR WHOM THE BOND IS PROVIDED.
2. NO BOND AGENT OR PERSON WHO UNDERWRITES OR INSURES THE PROVISION OF
AN IMMIGRATION OR OTHER BAIL BOND SHALL CHARGE A PREMIUM OR RECEIVE
COMPENSATION IN EXCESS OF THE LIMITS ESTABLISHED PURSUANT TO SECTION SIX
THOUSAND EIGHT HUNDRED FOUR OF THE INSURANCE LAW.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11870-01-9
A. 8450 2
§ 2. Subdivision 3 of section 460-b of the general business law is
amended by adding a new paragraph (m) to read as follows:
(M) FOR ANY WRITTEN CONTRACT FOR THE PROVISION OF AN IMMIGRATION BOND,
THE STATEMENT: "YOU HAVE THE RIGHT TO A COURT HEARING TO LOWER YOUR BOND
AMOUNT, THOUGH THE HEARING COULD RESULT IN CONTINUED DETENTION."
§ 3. Section 460-d of the general business law is amended by adding a
new subdivision 16 to read as follows:
16. PROVIDE A REFERRAL OR CONTACT INFORMATION FOR A LAWYER OR LEGAL
SERVICES PROVIDER THAT IS OWNED AT LEAST PARTLY BY THE PROVIDER OR AN
ENTITY AFFILIATED WITH THE PROVIDER WITHOUT:
(A) DISCLOSING IN WRITING THE SOURCE OF PAYMENT TO THE LAWYER OR LEGAL
SERVICES PROVIDER FOR THE SERVICES RENDERED; AND
(B) INCLUDING THE WRITTEN STATEMENT: "USING THIS LAWYER OR LEGAL
SERVICES PROVIDER IS NOT A REQUIREMENT OF BOND. IF YOU CHOOSE TO HIRE
THIS LAWYER OR LEGAL SERVICES PROVIDER, YOU HAVE THE RIGHT TO FIRE THEM
AT ANY TIME AND SEEK YOUR OWN COUNSEL. FREE LEGAL SERVICES MAY BE
AVAILABLE BY CONTACTING THE NEW YORK STATE NEW AMERICANS HOTLINE AT
1-800-566-7636."
§ 4. This act shall take effect on the sixtieth day after it shall
have become a law.