Amended in Assembly May 9, 2016

Amended in Assembly April 14, 2016

Amended in Assembly April 12, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 2387


Introduced by Assembly Member Mullin

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(Coauthor: Assembly Member Holden)

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(Coauthors: Assembly Members Chang, Cooper, Holden, and Wilk)

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February 18, 2016


An act to repeal and add Section 27317 of the Vehicle Code, relating to vehicles.

LEGISLATIVE COUNSEL’S DIGEST

AB 2387, as amended, Mullin. Vehicle equipment:begin delete counterfeitend deletebegin insert supplemental restraint system componentsend insert and nonfunctional 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 anbegin delete air bag,end deletebegin insert airbags,end insert so that it falsely indicates the supplemental restraint system is in proper working order; or (b) knowingly distribute or sell a previously deployedbegin delete air bagend deletebegin insert airbagend insert or component that will no longer meet the original equipment manufacturing form or function for proper operation.

This bill would repeal these provisions and instead make it a misdemeanor for any person tobegin insert knowingly and intentionallyend insert manufacture, import, install, reinstall, distribute, sell, or offer for sale any devicebegin delete with the intent that the device replace an airbagend deletebegin insert intended to replace a supplemental restraint system component, as defined,end insert in any motor vehicle ifbegin delete the person knows or reasonably should know thatend delete the device is a counterfeitbegin delete airbagend deletebegin insert supplemental restraint system componentend insert or a nonfunctional airbag, as defined, or does not meet specified federal safety requirements. The bill would also make it a misdemeanor tobegin delete knowingly and intentionallyend delete 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 counterfeitbegin delete airbagend deletebegin insert supplemental restraint system componentend insert 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:

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SECTION 1.  

Section 27317 of the Vehicle Code is repealed.

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SEC. 2.  

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

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27317.  

(a) A person shall notbegin insert knowingly and intentionallyend insert
4 manufacture, import, install, reinstall, distribute, sell, or offer for
5sale any devicebegin delete with the intent that the device replace an airbagend delete
6begin insert intended to replace a supplemental restraint system componentend insert in
7any motor vehicle ifbegin delete the person knows or reasonably should know
8that the device is a counterfeit airbagend delete
begin insert the device is a counterfeit
9supplemental restraint system componentend insert
or a nonfunctional airbag,
10or does not meet federal safety requirements as provided in Section
11571.208 of Title 49 of the Code of Federal Regulations.

12(b) A person shall notbegin delete knowingly and intentionallyend delete sell, install,
13or reinstall in a vehicle, any device that causes the vehicle’s
14diagnostic systems to fail to warn when the vehicle is equipped
15with a counterfeitbegin delete airbagend deletebegin insert supplemental restraint system componentend insert
16 or nonfunctional airbag, or when no airbag is installed.

17(c) A violation of subdivision (a) or (b) is a misdemeanor
18punishable by a fine of up to five thousand dollars ($5,000) or by
P3    1imprisonment in a county jail for up to one year, or by both the
2fine and imprisonment.

3(d) A violation of subdivision (a) or (b) shall be deemed an
4unfair or deceptive act or practice for purposes of the Consumers
5Legal Remedies Act (Title 1.5 (commencing with Section 1750)
6of Part 4 of Division 3 of the Civil Code). Each manufacture,
7importation, installation, reinstallation, distribution, sale, or offer
8for sale shall constitute a separate and distinct violation.

9(e) An installation or reinstallation shall not have occurred for
10purposes of this section until the work is complete.

11(f) The following definitions shall apply for purposes of this
12section:

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13(1) “Airbag” means a motor vehicle inflatable occupant restraint
14system device, including all component parts, such as the cover,
15sensors, controllers, inflators, and wiring, that the vehicle
16manufacturer recommends be replaced after deployment that meets
17both of the following criteria:

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18(A) Operates in the event of a crash.

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19(B) Is designed in accordance with federal motor vehicle safety
20standards for the specific make, model, and year of the motor
21vehicle in which it is or will be installed.

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22
(1) “Airbag” means a motor vehicle inflatable occupant
23restraint system device that is part of a supplemental restraint
24system.

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25(2) begin delete“Counterfeit airbag” end deletebegin insert“Counterfeit supplemental restraint
26system component” end insert
means a replacementbegin insert supplemental restraint
27system component, including, but not limited to, anend insert
airbag that
28displays a mark identical or substantially similar to the genuine
29mark of a motor vehicle manufacturer or a supplier of parts to the
30manufacturer of a motor vehicle without authorization from that
31manufacturer orbegin delete supplier.end deletebegin insert supplier, respectively.end insert

32(3) “Nonfunctional airbag” means a replacement airbag that
33meets any of the following criteria:

34(A) The airbag was previously deployed or damaged.

35(B) The airbag has an electric fault that is detected by the
36vehicle’s airbag diagnostic systems after the installation procedure
37is completed.

38(C) The airbag includes a part or object, including, but not
39limited to, abegin delete counterfeit or repaired airbag cover or airbag
40component,end delete
begin insert supplemental restraint system componentend insert installed in
P4    1a motor vehicle to mislead the owner or operator of the motor
2vehicle into believing that a functional airbag has been installed.

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3
(4) “Supplemental restraint system,” commonly referred to as
4an “SRS,” means a passive inflatable motor vehicle occupant
5crash protection system designed for use in conjunction with active
6restraint systems, as defined in Section 571.208 of Title 49 of the
7Code of Federal Regulations. A supplemental restraint system
8includes one or more airbags and all components required to
9ensure that an airbag works as designed by the vehicle
10manufacturer, including both of the following:

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11
(A) The airbag operates in the event of a crash.

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12
(B) The airbag is designed in accordance with federal motor
13vehicle safety standards for the specific make, model, and year of
14the motor vehicle in which it is or will be installed.

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15

SEC. 3.  

No reimbursement is required by this act pursuant to
16Section 6 of Article XIII B of the California Constitution because
17the only costs that may be incurred by a local agency or school
18district will be incurred because this act creates a new crime or
19infraction, eliminates a crime or infraction, or changes the penalty
20for a crime or infraction, within the meaning of Section 17556 of
21the Government Code, or changes the definition of a crime within
22the meaning of Section 6 of Article XIII B of the California
23Constitution.



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