Amended in Assembly April 12, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2387

Introduced by Assembly Member Mullin

(Coauthor: Assembly Member Holden)

February 18, 2016

An act to begin delete repeal and add end delete begin insert amend end insert Section 27317 of the Vehicle Code, relating to vehicles.

LEGISLATIVE COUNSEL’S DIGEST

AB 2387, as amended, Mullin. Vehicle equipment: counterfeit and nonfunctional begin delete airbags. end delete begin insert air bags. end insert

Existing law makes it a misdemeanor for a person to (a) install, reinstall, rewire, tamper with, alter, or modify for compensation, a vehicle’s computer system or supplemental restraint system, otherwise referred to as an begin delete airbag, end delete begin insert air bag, end insert so that it falsely indicates the supplemental restraint system is in proper working order; or (b) knowingly distribute or sell a previously deployed begin delete airbag end delete begin insert air bag end insert or component that will no longer meet the original equipment manufacturing form or function for proper operation.

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This bill would repeal the above provisions and instead would prohibit a person from manufacturing, importing, installing, reinstalling, selling, or offering for sale any device with the intent that the device replace an airbag in any motor vehicle if the person knows or reasonably should know that the device is a counterfeit airbag or a nonfunctional airbag, or does not meet specified federal safety requirements. The bill would also prohibit the sale, or installation or reinstallation in a vehicle, of a device that causes the vehicle’s diagnostic system to inaccurately indicate that the vehicle is equipped with a functional airbag when a counterfeit or nonfunctional airbag, or no airbag is installed. The bill would deem a knowing violation of these provisions an unfair or deceptive act or practice for purposes of the existing Consumers Legal Remedies Act, and a felony punishable as prescribed. By creating new crimes, the bill would impose a state-mandated local program.

end delete begin insert

This bill would additionally make it a misdemeanor for a person to knowingly distribute, sell, or install a counterfeit or nonfunctional air bag, as defined. The bill would also make it a misdemeanor for any person to manufacture, import, install, reinstall, sell, or offer for sale any device with the intent that the device replace an air bag in any motor vehicle if the person knows or reasonably should know that the device is a counterfeit air bag or a nonfunctional air bag or does not meet specified federal safety requirements. The bill would provide that a person who installs a nonfunctional air bag that is nonfunctional solely because it has an electric fault, as specified, is only guilty of the crimes described above if, after the electrical fault is discovered, he or she fails to either replace the nonfunctional air bag with a functional air bag in a reasonable time or fails to notify the purchaser or other recipient of the vehicle that the air bag is nonfunctional. By creating new crimes, the bill would impose a state-mandated local program.

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The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 27317 of the end insert begin insert Vehicle Code end insert begin insert is amended to
read: end insert

27317.  

begin insert (a) end insert begin insert   end insert A person who installs, reinstalls, rewires, tampers
with, alters, or modifies for compensation, a vehicle’s computer
system or supplemental restraint system, including, but not limited
to, the supplemental restraint system’s on-board system
performance indicators, so that it falsely indicates the supplemental
restraint system is in proper working order, or who knowingly
distributes or sells a previously deployed air bag or previously
deployed air bag component that will no longer meet the original
equipment manufacturing form or function for proper operation,
begin insert or who knowingly distributes, sells, or installs a counterfeit or
nonfunctional airbag end insert is guilty of a misdemeanor punishable by a
fine of up to five thousand dollars ($5,000) or by imprisonment in
a county jail for up to one year, or by both the fine and
imprisonment.

begin insert

(b) Any person who manufactures, imports, installs, reinstalls,
sells, or offers for sale any device with the intent that the device
replace an airbag in any motor vehicle if the person knows or
reasonably should know that the device is a counterfeit airbag or
a nonfunctional airbag, or does not meet federal safety
requirements as provided in Section 571.208 of Title 49 of the
Code of Federal Regulations is guilty of a misdemeanor punishable
by a fine of up to five thousand dollars ($5,000) or by imprisonment
in a county jail for up to one year, or by both the fine and
imprisonment.

end insert begin insert

(c) A person who installs a nonfunctional that is nonfunctional
solely based on the definition in subparagraph (C) of paragraph
(2) of subdivision (d) is only guilty of the offenses described in
subdivisions (a) or (b) if, after the electric fault is detected by the
vehicle airbag diagnostic system, the installer fails to either replace
the nonfunctional airbag with a functional airbag in a reasonable
time or fails to replace the notify the purchaser or other recipient
of the vehicle that the airbag is nonfunctional.

end insert begin insert

(d) The following definitions shall apply for purposes of this
section:

end insert begin insert

(1) “Counterfeit air bag” means an air bag that does any of
the following: displays a mark identical or similar to the genuine
mark of a motor vehicle manufacturer without authorization from
that manufacturer; any air bag falsely represented to be an airbag
of any true dealer, manufacturer or producer of the air bag; or a
counterfeit or repaired airbag cover, installed in a motor vehicle
to mislead the owner or operator of the motor vehicle into believing
that a functional airbag has been installed.

end insert begin insert

(2) “nonfunctional air bag” means a replacement air bag that
meets any of the following criteria:

end insert begin insert

(B) An airbag was previously deployed or damaged.

end insert begin insert

(C) An airbag has an electric fault that is detected by the vehicle
airbag diagnostic system after the installation procedure is
completed.

end insert begin insert

(D) An airbag includes a part or object, including, but not
limited to, a counterfeit or repaired airbag cover, installed in a
motor vehicle to mislead the owner or operator of the motor vehicle
into believing that a functional airbag has been installed.

end insert begin insert

(E) An airbag was subject to factory recall.

end insert

begin delete

SECTION 1.  

Section 27317 of the Vehicle Code is repealed.

SEC. 2.  

Section 27317 is added to the Vehicle Code, to read:

27317.  

(a) The following definitions shall apply for purposes
of this section:

(1) “Airbag” means a motor vehicle inflatable occupant restraint
system, including all component parts, such as the cover, sensors,
controllers, inflators, and wiring, that does both of the following:

(A) Operates in the event of a crash.

(B) Is designed in accordance with federal motor vehicle safety
standards for the specific make, model, and year of the motor
vehicle in which it is or will be installed.

(2) “Counterfeit airbag” means an airbag that displays a mark
identical or similar to the genuine mark of a motor vehicle
manufacturer without authorization from that manufacturer.

(3) “Nonfunctional airbag” means a replacement airbag that
meets any of the following criteria:

(A) The airbag was previously deployed or damaged.

(B) The airbag has an electric fault that is detected by the vehicle
airbag diagnostic system after the installation procedure is
completed.

(C) The airbag includes a part or object, including, but not
limited to, a counterfeit or repaired airbag cover, installed in a
motor vehicle to mislead the owner or operator of the motor vehicle
into believing that a functional airbag has been installed.

(b) A person shall not manufacture, import, install, reinstall,
sell, or offer for sale any device with the intent that the device
replace an airbag in any motor vehicle if the person knows or
reasonably should know that the device is a counterfeit airbag or
a nonfunctional airbag, or does not meet federal safety requirements
as provided in Section 571.208 of Title 49 of the Code of Federal
Regulations.

(c) A person shall not sell, or install or reinstall in a vehicle,
any device that causes the vehicle’s diagnostic system to
inaccurately indicate that the vehicle is equipped with a functional
airbag when a counterfeit airbag or nonfunctional airbag, or no
airbag, is installed.

(d) A knowing violation of subdivision (b) or (c) shall be
deemed an unfair or deceptive act or practice for purposes of the
Consumers Legal Remedies Act (Chapter 1 (commencing with
Sec. 1750) of Title 1.5 of Part 4 of Division 3, Civ. C.). Each
manufacture, importation, installation, reinstallation, sale, or offer
for sale shall constitute a separate and distinct violation.

(e) A knowing violation of subdivision (b) or (c) is a felony,
punishable by a fine not to exceed five thousand dollars ($5,000),
by imprisonment pursuant to subdivision (h) of Section 1170 of
the Penal Code not to exceed five years, or by both that fine and
imprisonment.

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SEC.

begin delete 3. end delete

begin insert 2. end insert   

No reimbursement is required by this act pursuant to Section
6 of Article XIII B of the California Constitution because the only
costs that may be incurred by a local agency or school district will
be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.