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