SB 537

Under current law, a person is prohibited from selling, installing, reinstalling, or distributing a previously deployed airbag or concealing a missing or previously deployed airbag. Violations of these prohibitions are punishable by a $5,000 fine or imprisonment of up to one year, or both.

This bill expands these prohibitions to importing, manufacturing, or offering for sale a previously deployed airbag and creates similar prohibitions relating to nonfunctional and counterfeit airbags. Under the bill, “nonfunctional airbag” means a replacement airbag that 1) was previously deployed or damaged; 2) has an electric fault that is detected by the motor vehicle’s diagnostic system; 3) includes a part or object intended to mislead the owner or operator of the motor vehicle into believing that a functional airbag has been installed; or 4) is prohibited from being sold under federal law. Under the bill, “counterfeit airbag” means a replacement airbag, or an airbag component, that displays an unauthorized mark substantially similar to the mark of an original equipment manufacturer or a genuine supplier of parts to the manufacturer of a motor vehicle.

The bill retains the current penalty for a first offense and provides for increased penalties for repeat offenses and offenses that result in bodily harm or great bodily harm to a person or the death of a person.

Because this bill creates a new crime or revises a penalty for an existing crime, the Joint Review Committee on Criminal Penalties may be requested to prepare a report.