Amended in Assembly April 14, 2016

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 amend end delete begin insert repeal and add 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 air bags. end delete begin insert airbags. 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 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 air bag or component that will no longer meet the original equipment manufacturing form or function for proper operation.

This bill would begin delete 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 end delete begin insert repeal these provisions and instead end insert make it a misdemeanor for any person to manufacture, import, install, reinstall, begin insert distribute, end insert sell, or offer for sale any device with the intent that the device replace an begin delete air bag end delete begin insert airbag end insert in any motor vehicle if the person knows or reasonably should know that the device is a counterfeit begin delete air bag end delete begin insert airbag end insert or a nonfunctional begin delete air bag end delete begin insert airbag, as defined, end insert or does not meet specified federal safety requirements. begin delete 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. end delete begin insert The bill would also make it a misdemeanor to knowingly and intentionally sell, install, or reinstall in a vehicle any device that causes the vehicle’s diagnostic systems to fail to warn when the vehicle is equipped with a counterfeit airbag or nonfunctional airbag, or when no airbag is installed. The bill would deem any of the violations described as an unfair or deceptive act or practice for purposes of the Consumers Legal Remedies Act, as specified. end insert 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:

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 repealed. end insert

begin delete

27317.  

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, 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 delete

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 27317 is added to the end insert begin insert Vehicle Code end insert begin insert , to read: end insert

begin insert

begin insert 27317. end insert   

(a) A person shall not manufacture, import, install,
reinstall, distribute, 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.

(b) A person shall not knowingly and intentionally sell, install,
or reinstall in a vehicle, any device that causes the vehicle’s
diagnostic systems to fail to warn when the vehicle is equipped
with a counterfeit airbag or nonfunctional airbag, or when no
airbag is installed.

(c) A violation of subdivision (a) or (b) is 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.

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

(e) An installation or reinstallation shall not have occurred for
purposes of this section until the work is complete.

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

(1) “Airbag” means a motor vehicle inflatable occupant
restraint system device, including all component parts, such as
the cover, sensors, controllers, inflators, and wiring, that the
vehicle manufacturer recommends be replaced after deployment
that meets both of the following criteria:

(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 a replacement airbag that
displays a mark identical or substantially similar to the genuine
mark of a motor vehicle manufacturer or a supplier of parts to the
manufacturer of a motor vehicle without authorization from that
manufacturer or supplier.

(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’s airbag diagnostic systems 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 or airbag
component, 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

begin insert SEC. 3. end insert   

end insert begin 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.

end insert

begin delete

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.

SEC. 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.

end delete