Bill Text: NY A08450 | 2019-2020 | General Assembly | Introduced
Bill Title: Places restrictions on immigration bonds and requires certain disclosures for providers of immigrant assistant services.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2020-01-08 - referred to economic development [A08450 Detail]
Download: New_York-2019-A08450-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8450 2019-2020 Regular Sessions IN ASSEMBLY July 8, 2019 ___________ 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: 1 Section 1. The general business law is amended by adding a new section 2 460-d-1 to read as follows: 3 § 460-d-1. Restrictions on bonds. 1. (a) No bond agent or person who 4 underwrites or insures the provision of an immigration or other bail 5 bond who requires the use of an ankle monitor or other homing device as 6 a condition for the provision of such a bond may charge any fee for such 7 monitor or device that exceeds the cost of maintaining and operating 8 such monitor or device charged to the bond agent or person who under- 9 writes or insures the provision of the bond. 10 (b) Any fee associated with such monitor or device charged pursuant to 11 paragraph (a) of this subdivision shall be included in calculating the 12 legally permissible non-refundable payment for a given bond. 13 (c) No bond agent or person who underwrites or insures the provision 14 of an immigration or other bail bond who requires the use of an ankle 15 monitor or other homing device as a condition for the provision of such 16 a bond may prohibit such monitor or device from being removed, or charge 17 any fee for such removal or subsequent replacement, in case of a medical 18 necessity or reasonable fear of a medical necessity. Any statement to 19 the contrary, whether made in writing or orally, renders the contract 20 voidable by the individual for whom the bond is provided. 21 2. No bond agent or person who underwrites or insures the provision of 22 an immigration or other bail bond shall charge a premium or receive 23 compensation in excess of the limits established pursuant to section six 24 thousand eight hundred four of the insurance law. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11870-01-9A. 8450 2 1 § 2. Subdivision 3 of section 460-b of the general business law is 2 amended by adding a new paragraph (m) to read as follows: 3 (m) For any written contract for the provision of an immigration bond, 4 the statement: "You have the right to a court hearing to lower your bond 5 amount, though the hearing could result in continued detention." 6 § 3. Section 460-d of the general business law is amended by adding a 7 new subdivision 16 to read as follows: 8 16. Provide a referral or contact information for a lawyer or legal 9 services provider that is owned at least partly by the provider or an 10 entity affiliated with the provider without: 11 (a) disclosing in writing the source of payment to the lawyer or legal 12 services provider for the services rendered; and 13 (b) including the written statement: "Using this lawyer or legal 14 services provider is not a requirement of bond. If you choose to hire 15 this lawyer or legal services provider, you have the right to fire them 16 at any time and seek your own counsel. Free legal services may be 17 available by contacting the New York state New Americans hotline at 18 1-800-566-7636." 19 § 4. This act shall take effect on the sixtieth day after it shall 20 have become a law.
