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Public Act 103-0900
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| SB2285 Enrolled | LRB103 28416 RLC 54796 b |
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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 |
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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: |
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(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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