Sec. 28.2. Pre-arrest agreements prohibited

(a) No person, firm or corporation, or officer, employee or agent thereof, licensed under section 6802 of the Insurance Law (hereinafter referred to as a “bail agent”), shall enter into any agreement with any party, the purpose or substance of which is to provide, on a continuing basis, for the furnishing of any bail bond, or other security in lieu of bond, on behalf of any person other than the aforesaid party who may be arrested on criminal charges.

(b) The receipt of or agreement to receive, by any bail agent, any security, consideration, or guarantee or agreement to guarantee for the purpose of indemnifying the bail agent against loss, given by the same person or persons in more than two criminal cases not arising out of the same transaction or transactions, within a period of one month, shall be presumptive evidence that the furnishing or agreeing to furnish any such security, indemnity, consideration, or guarantee was made pursuant to an agreement in violation of subdivision (a) of this section.