BILL ANALYSIS Ó
AB 1854
Page 1
Date of Hearing: April 16, 2012
ASSEMBLY COMMITTEE ON TRANSPORTATION
Bonnie Lowenthal, Chair
AB 1854 (Brownley) - As Amended: April 9, 2012
SUBJECT : Vehicles: inflatable restraint systems
SUMMARY : Expands misdemeanor penalties for certain actions
related to the installation or rewiring of air bag safety
systems. Specifically, this bill :
1)Makes it a misdemeanor for a person, for compensation, to
install, reinstall, rewire, tamper with, alter, or modify a
vehicle's computer system or on-board lighting to make it
appear that air bags are in proper working order.
2)Makes it a misdemeanor to distribute or sell previously
deployed air bag components knowing that they were part of
previously deployed air bag system.
3)Repeals and recasts related provisions.
4)Makes related clarifying changes.
EXISTING LAW :
1)Requires, under federal law, that new cars be equipped with
passenger- and driver-side air bags.
2)Establishes misdemeanor penalties for knowingly installing or
reinstalling, for compensation, or distributing or selling a
previously deployed air bag that is part of an inflatable
restraint system.
FISCAL EFFECT : Unknown
COMMENTS : Car makers in the United States are required to
install both driver- and front passenger-side airbags because
they have been shown to help prevent injuries during a crash.
In some areas of the state, however, law enforcement discovered
that some repair shops were installing, reinstalling, for
compensation, previously deployed air bag systems in their
entirety, an act that frequently resulted in fatal or near fatal
injuries when the air bags failed to function properly in a
AB 1854
Page 2
crash. To address this problem, the Legislature passed AB 1471
(Havice), Chapter 449, Statutes of 1999, which made it a crime
to knowingly install or reinstall, for compensation, any
previously deployed air bag that is part of an inflatable
restraint system.
The author notes that some unscrupulous salvaged vehicle
re-builders have found a loophole in existing law and are now
using individual components from previously deployed air bag
restraint systems rather than using the entire deployed air bag
system. The author also notes that some mechanics are also
rewiring a vehicle's on-board computer system so that it appears
as though the air bag system is working properly when the
ignition is turned on when, in fact, the system is not
functioning properly or in some cases was not even installed.
The LA District Attorney has made multiple attempts to prosecute
this conduct but the cases were dismissed by the Court because
existing law does not expressly prohibit use of previously
deployed air bag component parts or rewiring to make it appear
that an air bag is functioning properly. Therefore, the author
has introduced AB 1854 to specifically address these actions in
law to protect California consumers from the potentially life
threatening consequences.
Related legislation : SB 869 (Yee) Chapter 430 Statutes of 2011
increased the penalty for a person who, after preparing a
written estimate to repair a deployed airbag, fails to properly
repair and restore that airbag to its original condition.
SB 427 (Negrete McLeod) of 2009, would have increased the
penalties for a person who, after preparing a written estimate
to repair a deployed airbag, fails to properly repair and
restore that airbag to its original condition and redefine the
term "aftermarket crash part" and adds a definition for "crash
part." That bill was vetoed by Governor Schwarzenegger on the
grounds that the bill was duplicative and provided consumers
with very little benefit.
AB 1471 (Havice) Chapter 449, Statutes of 1999 made it a crime
to reinstall a previously deployed vehicle inflatable restraint
system (air bag).
REGISTERED SUPPORT / OPPOSITION :
AB 1854
Page 3
Support
Los Angeles District Attorney's Office (Sponsor)
California Police Chiefs Association, Inc.
Crime Victims Action Alliance
Opposition
None received
Analysis Prepared by : Victoria Alvarez / TRANS. / (916) 319-
2093