Bill Text: CA AB2387 | 2015-2016 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Vehicle equipment: supplemental restraint system components and nonfunctional airbags.

Spectrum: Bipartisan Bill

Status: (Passed) 2016-09-27 - Chaptered by Secretary of State - Chapter 694, Statutes of 2016. [AB2387 Detail]

Download: California-2015-AB2387-Introduced.html

---

BILL NUMBER: AB 2387	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Mullin
   (Coauthor: Assembly Member Holden)

                        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 introduced, Mullin. Vehicle equipment: counterfeit 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 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 the above provisions and instead would
prohibit a person from manufacturing, importing, installing,
reinstalling, 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 that the device is a
counterfeit airbag or a nonfunctional airbag, or does not meet
specified federal safety requirements. The bill would also prohibit
the sale, or installation or reinstallation in a vehicle, of a device
that causes the vehicle's diagnostic system to inaccurately indicate
that the vehicle is equipped with a functional airbag when a
counterfeit or nonfunctional airbag, or no airbag is installed. The
bill would deem a knowing violation of these provisions an unfair or
deceptive act or practice for purposes of the existing Consumers
Legal Remedies Act, and a felony punishable as prescribed. 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) The following definitions shall apply for purposes of
this section:
   (1) "Airbag" means a motor vehicle inflatable occupant restraint
system, including all component parts, such as the cover, sensors,
controllers, inflators, and wiring, that does both of the following:
   (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 an airbag that displays a mark
identical or similar to the genuine mark of a motor vehicle
manufacturer without authorization from that manufacturer.
   (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 airbag diagnostic system 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, installed in a
motor vehicle to mislead the owner or operator of the motor vehicle
into believing that a functional airbag has been installed.
   (b) A person shall not manufacture, import, install, reinstall,
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.
   (c) A person shall not sell, or install or reinstall in a vehicle,
any device that causes the vehicle's diagnostic system to
inaccurately indicate that the vehicle is equipped with a functional
airbag when a counterfeit airbag or nonfunctional airbag, or no
airbag, is installed.
   (d) A knowing violation of subdivision (b) or (c) shall be deemed
an unfair or deceptive act or practice for purposes of the Consumers
Legal Remedies Act (Chapter 1 (commencing with Sec. 1750) of Title
1.5 of Part 4 of Division 3, Civ. C.). Each manufacture, importation,
installation, reinstallation, sale, or offer for sale shall
constitute a separate and distinct violation.
   (e) A knowing violation of subdivision (b) or (c) is a felony,
punishable by a fine not to exceed five thousand dollars ($5,000), by
imprisonment pursuant to subdivision (h) of Section 1170 of the
Penal Code not to exceed five years, or by both that fine and
imprisonment.
  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.