Legislation
SECTION 2312
Immigration bond premium
Insurance (ISC) CHAPTER 28, ARTICLE 23
§ 2312. Immigration bond premium. (a) The premium for giving an
immigration bond or depositing money or property as immigration bail in
any court having immigration jurisdiction or in any immigration action
or proceeding shall not exceed ten per centum of the amount of such bond
or deposit in actions where such bonds or deposits do not exceed the sum
of three thousand dollars. Where such bonds or deposits exceed the sum
of three thousand dollars, the premium shall not exceed ten per centum
of the first three thousand dollars and eight per centum of the excess
amount over three thousand dollars up to ten thousand dollars and six
per centum of the excess amount over ten thousand dollars.
(b) No person, firm, corporation, or other entity, including an
insurance producer, shall:
(1) charge, collect, or receive, directly or indirectly, any fee or
compensation in connection with an immigration bail deposit or
immigration bond, other than the premium based on rates subject to the
maximum specified in subsection (a) of this section and filed with the
superintendent by the insurer pursuant to this article, notwithstanding
subsection (c) of section two thousand one hundred nineteen of this
chapter; or
(2) accept any fee or compensation for obtaining a license or for
obtaining an insurance producer or immigration bond or for an
immigration bail deposit.
(c) Any person, firm, corporation, or other entity that violates this
section shall be guilty of a misdemeanor. An indemnitor may maintain a
cause of action in a court of competent jurisdiction against any person,
firm, corporation, or other entity to recover any fee or compensation in
excess of the amount authorized pursuant to this section. The person,
firm, corporation, or other entity shall, in any action brought by an
indemnitor to recover any such overcharge, be liable for treble damages.
(d) Any agreement, or portion thereof, entered into requiring the
waiving of the requirements of this section or otherwise in violation of
this section shall be void and unenforceable.
immigration bond or depositing money or property as immigration bail in
any court having immigration jurisdiction or in any immigration action
or proceeding shall not exceed ten per centum of the amount of such bond
or deposit in actions where such bonds or deposits do not exceed the sum
of three thousand dollars. Where such bonds or deposits exceed the sum
of three thousand dollars, the premium shall not exceed ten per centum
of the first three thousand dollars and eight per centum of the excess
amount over three thousand dollars up to ten thousand dollars and six
per centum of the excess amount over ten thousand dollars.
(b) No person, firm, corporation, or other entity, including an
insurance producer, shall:
(1) charge, collect, or receive, directly or indirectly, any fee or
compensation in connection with an immigration bail deposit or
immigration bond, other than the premium based on rates subject to the
maximum specified in subsection (a) of this section and filed with the
superintendent by the insurer pursuant to this article, notwithstanding
subsection (c) of section two thousand one hundred nineteen of this
chapter; or
(2) accept any fee or compensation for obtaining a license or for
obtaining an insurance producer or immigration bond or for an
immigration bail deposit.
(c) Any person, firm, corporation, or other entity that violates this
section shall be guilty of a misdemeanor. An indemnitor may maintain a
cause of action in a court of competent jurisdiction against any person,
firm, corporation, or other entity to recover any fee or compensation in
excess of the amount authorized pursuant to this section. The person,
firm, corporation, or other entity shall, in any action brought by an
indemnitor to recover any such overcharge, be liable for treble damages.
(d) Any agreement, or portion thereof, entered into requiring the
waiving of the requirements of this section or otherwise in violation of
this section shall be void and unenforceable.