BILL NUMBER: AB 2387 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 14, 2016
AMENDED IN ASSEMBLY APRIL 12, 2016
INTRODUCED BY Assembly Member Mullin
(Coauthor: Assembly Member Holden)
FEBRUARY 18, 2016
An act to amend repeal and add
Section 27317 of the Vehicle Code, relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 2387, as amended, Mullin. Vehicle equipment: counterfeit and
nonfunctional air bags. airbags.
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 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
repeal these provisions and instead make it a
misdemeanor for any person to manufacture, import, install,
reinstall, distribute, sell, or offer for sale any device
with the intent that the device replace an air bag
airbag in any motor vehicle if the person knows or
reasonably should know that the device is a counterfeit air
bag airbag or a nonfunctional air bag
airbag, as defined, 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. 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. 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 repealed.
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.
SEC. 2. Section 27317 is added to the
Vehicle Code , to read:
27317. (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.
SEC. 3. 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.
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.