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Public Act 103-0900 | ||||
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Criminal Code of 2012 is amended by | ||||
changing Section 17-11.2 as follows:
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(720 ILCS 5/17-11.2)
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Sec. 17-11.2. Airbag fraud Installation of object in lieu | ||||
of air bag . | ||||
(a) Definitions. In this Section: | ||||
"Airbag" means a motor vehicle inflatable occupant | ||||
restraint system device that is part of a vehicle's | ||||
supplemental restraint system. | ||||
"Counterfeit supplemental restraint system component" | ||||
means a replacement supplemental restraint system component, | ||||
including but not limited to an airbag, that displays a mark | ||||
identical to, 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. | ||||
"Non-functional airbag" means a replacement airbag that | ||||
meets any of the following criteria: | ||||
(1) the airbag was previously deployed or damaged; | ||||
(2) the airbag has an electric fault that is detected |
by the vehicle's diagnostic system 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; | ||
(3) the airbag includes a part or object, including a | ||
supplemental restraint system component, that is installed | ||
in a motor vehicle to mislead the owner or operator of the | ||
motor vehicle into believing that a functional airbag has | ||
been installed; or | ||
(4) the airbag is subject to the provisions of 49 | ||
U.S.C. 30120(j). | ||
"Supplemental restraint system" means a passive inflatable | ||
motor vehicle occupant crash protection system designed for | ||
use in conjunction with a seat belt assembly as defined in 49 | ||
CFR 571.209. "Supplemental restraint system" includes one or | ||
more airbags and all components required to ensure that an air | ||
bag works as designed by the vehicle manufacturer, including | ||
both of the following: | ||
(1) the airbag operates as designed in the event of a | ||
crash; and | ||
(2) the airbag is designed to meet federal motor | ||
vehicle safety standards for the specific make, model, and | ||
year of the vehicle in which it is or will be installed. | ||
(b) A person commits airbag fraud installation of object | ||
in lieu of airbag when he or she,
for consideration, | ||
knowingly : |
(1) imports, manufactures, sells, offers for sale,
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installs or reinstalls in a vehicle a counterfeit | ||
supplemental restraint system component, a non-functional | ||
airbag, or an object that does not comply any object in | ||
lieu of an air bag that was
designed in
accordance 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. | ||
(c)
This Section does 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 as
part of a vehicle inflatable restraint | ||
system . | ||
(d) Sentence. A violation of this Section is a Class A
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misdemeanor.
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(Source: P.A. 96-1551, eff. 7-1-11 .)
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Section 99. Effective date. This Act takes effect January | ||
1, 2024.
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