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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Criminal Code of 2012 is amended by | ||||||
5 | changing Section 17-11.2 as follows:
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6 | (720 ILCS 5/17-11.2)
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7 | Sec. 17-11.2. Airbag fraud Installation of object in lieu | ||||||
8 | of air bag . | ||||||
9 | (a) Definitions. In this Section: | ||||||
10 | "Airbag" means a motor vehicle inflatable occupant | ||||||
11 | restraint system device that is part of a vehicle's | ||||||
12 | supplemental restraint system. | ||||||
13 | "Counterfeit supplemental restraint system component" | ||||||
14 | means a replacement supplemental restraint system component, | ||||||
15 | including but not limited to an airbag, that displays a mark | ||||||
16 | identical to, or substantially similar to, the genuine mark of | ||||||
17 | a motor vehicle manufacturer or a supplier of parts to the | ||||||
18 | manufacturer of a motor vehicle without authorization from | ||||||
19 | that manufacturer or supplier, respectively. | ||||||
20 |
"Non-functional airbag" means a replacement airbag that | ||||||
21 | meets any of the following criteria: | ||||||
22 | (1) the airbag was previously deployed or damaged; | ||||||
23 | (2) the airbag has an electric fault that is detected |
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1 | by the vehicle's diagnostic system when the installation | ||||||
2 | procedure is completed and the vehicle is returned to the | ||||||
3 | customer who requested the work to be performed or when | ||||||
4 | ownership is intended to be transferred; | ||||||
5 | (3) the airbag includes a part or object, including a | ||||||
6 | supplemental restraint system component, that is installed | ||||||
7 | in a motor vehicle to mislead the owner or operator of the | ||||||
8 | motor vehicle into believing that a functional airbag has | ||||||
9 | been installed; or | ||||||
10 | (4) the airbag is subject to the provisions of 49 | ||||||
11 | U.S.C. 30120(j). | ||||||
12 | "Supplemental restraint system" means a passive inflatable | ||||||
13 | motor vehicle occupant crash protection system designed for | ||||||
14 | use in conjunction with a seat belt assembly as defined in 49 | ||||||
15 | CFR 571.209. "Supplemental restraint system" includes one or | ||||||
16 | more airbags and all components required to ensure that an air | ||||||
17 | bag works as designed by the vehicle manufacturer, including | ||||||
18 | both of the following: | ||||||
19 | (1) the airbag operates as designed in the event of a | ||||||
20 | crash; and | ||||||
21 | (2) the airbag is designed to meet federal motor | ||||||
22 | vehicle safety standards for the specific make, model, and | ||||||
23 | year of the vehicle in which it is or will be installed. | ||||||
24 | (b) A person commits airbag fraud installation of object | ||||||
25 | in lieu of airbag when he or she,
for consideration, | ||||||
26 | knowingly : |
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1 | (1) imports, manufactures, sells, offers for sale,
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2 | installs or reinstalls in a vehicle a counterfeit | ||||||
3 | supplemental restraint system component, a non-functional | ||||||
4 | airbag, or an object that does not comply any object in | ||||||
5 | lieu of an air bag that was
designed in
accordance with | ||||||
6 | federal safety regulations for the make, model, and year | ||||||
7 | of the
vehicle in which it is or will be installed; | ||||||
8 | (2) sells, offers for sale, installs, or reinstalls in | ||||||
9 | any motor vehicle a device that causes a motor vehicle's | ||||||
10 | diagnostic system to inaccurately indicate that the motor | ||||||
11 | vehicle is equipped with a properly functioning airbag; or | ||||||
12 | (3) sells, leases, trades, or transfers a motor | ||||||
13 | vehicle if the person knows that a counterfeit | ||||||
14 | supplemental restraint system component, a non-functional | ||||||
15 | airbag, or an object that does not comply with federal | ||||||
16 | safety regulations for the make, model, and year of the | ||||||
17 | vehicle as part of a vehicle inflatable restraint system. | ||||||
18 | (c)
This Section does not apply to an owner or employee of | ||||||
19 | a motor vehicle dealership or the owner of a vehicle, who, | ||||||
20 | before the sale of the vehicle, does not have knowledge that | ||||||
21 | the vehicle's airbag, or another component of the vehicle's | ||||||
22 | supplemental restraint system, is counterfeit or | ||||||
23 | non-functioning as
part of a vehicle inflatable restraint | ||||||
24 | system . | ||||||
25 | (d) Sentence. A violation of this Section is a Class A
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26 | misdemeanor.
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1 | (Source: P.A. 96-1551, eff. 7-1-11 .)
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2 | Section 99. Effective date. This Act takes effect January | ||||||
3 | 1, 2024.
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