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

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

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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-Enrolled.html

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BILL NUMBER: AB 2387	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 22, 2016
	PASSED THE ASSEMBLY  AUGUST 25, 2016
	AMENDED IN SENATE  AUGUST 16, 2016
	AMENDED IN SENATE  JUNE 15, 2016
	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, 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 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 provide that its provisions do not
affect any duties, rights, or remedies otherwise available at law or
preclude prosecution under any other law. 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.


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) An installation or reinstallation shall not have occurred for
purposes of this section until the work is complete.
   (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 when the installation procedure
is 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) The airbag is subject to the prohibitions of subsection (j) of
Section 30120 of Title 49 of the United States Code.
   (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.
   (f) This section does not affect any duties, rights, or remedies
otherwise available at law.
   (g) This section does not preclude prosecution under any other
law.
  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.