BILL NUMBER: AB 2387 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 12, 2016
INTRODUCED BY Assembly Member Mullin
(Coauthor: Assembly Member Holden)
FEBRUARY 18, 2016
An act to repeal and add amend
Section 27317 of the Vehicle Code, relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 2387, as amended, Mullin. Vehicle equipment: counterfeit and
nonfunctional airbags. air bags.
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 airbag, air bag, so
that it falsely indicates the supplemental restraint system is in
proper working order; or (b) knowingly distribute or sell a
previously deployed airbag air bag or
component that will no longer meet the original equipment
manufacturing form or function for proper operation.
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.
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.
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:
SECTION 1. Section 27317 of the Vehicle
Code is amended to read:
27317. (a) 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, or who knowingly distributes, sells, or installs a
counterfeit or nonfunctional airbag 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.
(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.
(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.
(d) The following definitions shall apply for purposes of this
section:
(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.
(2) "nonfunctional air bag" means a replacement air bag that meets
any of the following criteria:
(B) An airbag was previously deployed or damaged.
(C) An airbag has an electric fault that is detected by the
vehicle airbag diagnostic system after the installation procedure is
completed.
(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.
(E) An airbag was subject to factory recall.
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.
SEC. 3. 2. 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.