BILL NUMBER: AB 2387 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 2, 2016
AMENDED IN ASSEMBLY MAY 9, 2016
AMENDED IN ASSEMBLY APRIL 14, 2016
AMENDED IN ASSEMBLY APRIL 12, 2016
INTRODUCED BY Assembly Member Mullin
(Coauthors: Assembly Members Chang, Cooper, Holden, and Wilk)
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: supplemental
restraint system components 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 an airbags, airbag, so
that it falsely indicates the supplemental restraint system is in
proper working order; or (b) knowingly distribute or sell a
previously deployed airbag 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 to knowingly and intentionally
manufacture, import, install, reinstall, distribute, sell, or offer
for sale any device intended to replace a supplemental restraint
system component, as defined, in any motor vehicle if the device is a
counterfeit supplemental restraint system component or a
nonfunctional airbag, as defined, or does not meet specified federal
safety requirements. 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
supplemental restraint system component 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.
SEC. 2. Section 27317 is added to the Vehicle Code, to read:
27317. (a) A person shall not knowingly and intentionally
manufacture, import, install, reinstall, distribute, sell, or offer
for sale any device intended to replace a supplemental restraint
system component in any motor vehicle if the device is a counterfeit
supplemental restraint system component 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 supplemental restraint system component
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)
(d) An installation or reinstallation shall not have
occurred for purposes of this section until the work is complete.
(f)
(e) The following definitions shall apply for purposes
of this section:
(1) "Airbag" means a motor vehicle inflatable occupant restraint
system device that is part of a supplemental restraint system.
(2) "Counterfeit supplemental restraint system component" means a
replacement supplemental restraint system component, including, but
not limited to, an 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,
respectively.
(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
when the installation procedure is completed.
completed and the vehicle is returned to the customer
who requested the work to be performed or when ownership is intended
to be transferred.
(C) The airbag includes a part or object, including, but not
limited to, a supplemental restraint system 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.
(D) An airbag subject to a federal recall shall not be considered
non functional for purposes of this section.
(4) "Supplemental restraint system," commonly referred to as an
"SRS," means a passive inflatable motor vehicle occupant crash
protection system designed for use in conjunction with active
restraint systems, as defined in Section 571.208 of Title 49 of the
Code of Federal Regulations. A supplemental restraint system includes
one or more airbags and all components required to ensure that an
airbag works as designed by the vehicle manufacturer, including both
of the following:
(A) The airbag operates in the event of a crash.
(B) The airbag 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.
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.