Full Text of SB2285 103rd General Assembly
SB2285 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 SB2285 Introduced 2/10/2023, by Sen. Ram Villivalam SYNOPSIS AS INTRODUCED: |
| |
Amends the Criminal Code of 2012. In lieu of the offense of installation of object in lieu of airbag, creates the offense of airbag fraud. Provides that a person commits the offense when he or she knowingly: (1)imports, manufactures, sells, offers for sale,
installs or reinstalls in a vehicle a counterfeit supplemental restraint system component, a non-functional airbag, or an object that does not comply with federal safety regulations for the make, model, and year of the
vehicle in which it is or will be installed; (2) sells, offers for sale, installs, or reinstalls in any motor vehicle a device that causes a motor vehicle's diagnostic system to inaccurately indicate that the motor vehicle is equipped with a properly functioning airbag; or (3) sells, leases, trades, or transfers a motor vehicle if the person knows that a counterfeit supplemental restraint system component, a non-functional airbag, or an object that does not comply with federal safety regulations for the make, model, and year of the vehicle as part of a vehicle inflatable restraint system. Provides that these provisions do not apply to an owner or employee of a motor vehicle dealership or the owner of a vehicle, who, before the sale of the vehicle, does not have knowledge that the vehicle's airbag, or another component of the vehicle's supplemental restraint system, is counterfeit or non-functioning. Provides that a violation is a Class A misdemeanor. Effective immediately.
|
| |
| | A BILL FOR |
|
| | | SB2285 | | LRB103 28416 RLC 54796 b |
|
| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Criminal Code of 2012 is amended by | 5 | | changing Section 17-11.2 as follows:
| 6 | | (720 ILCS 5/17-11.2)
| 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 |
| | | SB2285 | - 2 - | LRB103 28416 RLC 54796 b |
|
| 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 : |
| | | SB2285 | - 3 - | LRB103 28416 RLC 54796 b |
|
| 1 | | (1) imports, manufactures, sells, offers for sale,
| 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
| 26 | | misdemeanor.
|
| | | SB2285 | - 4 - | LRB103 28416 RLC 54796 b |
|
| 1 | | (Source: P.A. 96-1551, eff. 7-1-11 .)
| 2 | | Section 99. Effective date. This Act takes effect upon | 3 | | becoming law.
|
|