BILL ANALYSIS Ó AB 2387 Page 1 ASSEMBLY THIRD READING AB 2387 (Mullin) As Amended April 14, 2016 Majority vote ------------------------------------------------------------------ |Committee |Votes|Ayes |Noes | | | | | | | | | | | | | | | | |----------------+-----+----------------------+--------------------| |Public Safety |7-0 |Jones-Sawyer, | | | | |Melendez, Lackey, | | | | |Lopez, Low, Quirk, | | | | |Santiago | | | | | | | |----------------+-----+----------------------+--------------------| |Privacy |11-0 |Chau, Wilk, Baker, | | | | |Calderon, Chang, | | | | |Cooper, Dababneh, | | | | |Gatto, Gordon, Low, | | | | |Olsen | | | | | | | |----------------+-----+----------------------+--------------------| |Appropriations |19-0 |Gonzalez, Bigelow, | | | | |Bloom, Bonilla, | | | | |Bonta, Calderon, | | | | |Chang, Daly, Eggman, | | | | |Gallagher, Eduardo | | | | |Garcia, Holden, | | | | |Jones, Obernolte, | | AB 2387 Page 2 | | |Quirk, Santiago, | | | | |Wagner, Weber, Wood | | | | | | | | | | | | ------------------------------------------------------------------ SUMMARY: Particularizes the crime of selling counterfeit airbags, and increases the penalty for selling counterfeit airbags. Specifically, this bill: 1)Repeals existing provisions of law relating to the installation or rewiring of airbag systems to falsely indicate the system is in working order. 2)Prohibits a person from manufacturing, importing, installing, reinstalling, distributing, 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 the device is a counterfeit or nonfunctional airbag, as defined, or does not meet federal safety standards, as provided. 3)Prohibits a person from knowingly and intentionally selling, installing, or reinstalling 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. 4)States that a violation of the aforementioned provisions is a misdemeanor, punishable by a fine of up to $5,000 or by imprisonment in a county jail for up to one year, or by both that fine and imprisonment. 5)Grants safe harbor to allow installers and other persons to complete their installation work before a violation can occur. AB 2387 Page 3 6)Defines "airbag" as 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; or 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. 7)Defines "counterfeit airbag" as 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. 8)Defines "nonfunctional airbag" as 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; or 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. EXISTING LAW: 1)Prohibits installation, reinstallation, rewiring, tampering AB 2387 Page 4 with, altering or modifying for compensation a vehicle's computer or supplemental restraint system, or the system's performance indicators, so that it falsely indicates the supplemental restraint system is in proper working order. 2)Prohibits knowingly distributing or selling 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. 3)States that improper installation or installation of previously deployed air bag components which no longer meet the original equipment manufacturing form or function for proper operation is a misdemeanor. 4)Punishes anyone who knowingly sells or knowingly holds for sale any counterfeit trademark registered with the Secretary of State or the Principal Register of the United States Patent and Trademark Office, as provided, according to the total value of the goods or products. 5)Prohibits anyone from willfully and falsely representing their goods or products as being the products of a true dealer, manufacturer or producer of those goods or products. FISCAL EFFECT: According to the Assembly Appropriations Committee, minor nonreimbursable local costs for incarceration, offset to a degree by fine revenue. COMMENTS: According to the author, "AB 2387 is a consumer protection measure. It strengthens existing laws aimed at deterring the fraudulent distribution and installation of counterfeit airbags by more clearly defining key terms and increasing the penalty for knowingly exposing the public to this potentially deadly hazard." AB 2387 Page 5 Analysis Prepared by: Matt Dean/ PUB. S. / (916) 319-3744 FN: 0002811