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
                                ___________
 
 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.