Illinois 2023-2024 Regular Session

Illinois Senate Bill SB2285 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Public Act 103-0900
2	1		SB2285 EnrolledLRB103 28416 RLC 54796 b SB2285 Enrolled LRB103 28416 RLC 54796 b
3	2		SB2285 Enrolled LRB103 28416 RLC 54796 b
4		-	AN ACT concerning criminal law.
5		-	Be it enacted by the People of the State of Illinois,
6		-	represented in the General Assembly:
7		-	Section 5. The Criminal Code of 2012 is amended by
8		-	changing Section 17-11.2 as follows:
9		-	(720 ILCS 5/17-11.2)
10		-	Sec. 17-11.2. Airbag fraud Installation of object in lieu
11		-	of air bag.
12		-	(a) Definitions. In this Section:
13		-	"Airbag" means a motor vehicle inflatable occupant
14		-	restraint system device that is part of a vehicle's
15		-	supplemental restraint system.
16		-	"Counterfeit supplemental restraint system component"
17		-	means a replacement supplemental restraint system component,
18		-	including but not limited to an airbag, that displays a mark
19		-	identical to, or substantially similar to, the genuine mark of
20		-	a motor vehicle manufacturer or a supplier of parts to the
21		-	manufacturer of a motor vehicle without authorization from
22		-	that manufacturer or supplier, respectively.
23		-	"Non-functional airbag" means a replacement airbag that
24		-	meets any of the following criteria:
25		-	(1) the airbag was previously deployed or damaged;
26		-	(2) the airbag has an electric fault that is detected
	3	+	1 AN ACT concerning criminal law.
	4	+	2 Be it enacted by the People of the State of Illinois,
	5	+	3 represented in the General Assembly:
	6	+	4 Section 5. The Criminal Code of 2012 is amended by
	7	+	5 changing Section 17-11.2 as follows:
	8	+	6 (720 ILCS 5/17-11.2)
	9	+	7 Sec. 17-11.2. Airbag fraud Installation of object in lieu
	10	+	8 of air bag.
	11	+	9 (a) Definitions. In this Section:
	12	+	10 "Airbag" means a motor vehicle inflatable occupant
	13	+	11 restraint system device that is part of a vehicle's
	14	+	12 supplemental restraint system.
	15	+	13 "Counterfeit supplemental restraint system component"
	16	+	14 means a replacement supplemental restraint system component,
	17	+	15 including but not limited to an airbag, that displays a mark
	18	+	16 identical to, or substantially similar to, the genuine mark of
	19	+	17 a motor vehicle manufacturer or a supplier of parts to the
	20	+	18 manufacturer of a motor vehicle without authorization from
	21	+	19 that manufacturer or supplier, respectively.
	22	+	20 "Non-functional airbag" means a replacement airbag that
	23	+	21 meets any of the following criteria:
	24	+	22 (1) the airbag was previously deployed or damaged;
	25	+	23 (2) the airbag has an electric fault that is detected
27	26
28	27
29	28
30	29		SB2285 Enrolled LRB103 28416 RLC 54796 b
31	30
32	31
33		-	by the vehicle's diagnostic system when the installation
34		-	procedure is completed and the vehicle is returned to the
35		-	customer who requested the work to be performed or when
36		-	ownership is intended to be transferred;
37		-	(3) the airbag includes a part or object, including a
38		-	supplemental restraint system component, that is installed
39		-	in a motor vehicle to mislead the owner or operator of the
40		-	motor vehicle into believing that a functional airbag has
41		-	been installed; or
42		-	(4) the airbag is subject to the provisions of 49
43		-	U.S.C. 30120(j).
44		-	"Supplemental restraint system" means a passive inflatable
45		-	motor vehicle occupant crash protection system designed for
46		-	use in conjunction with a seat belt assembly as defined in 49
47		-	CFR 571.209. "Supplemental restraint system" includes one or
48		-	more airbags and all components required to ensure that an air
49		-	bag works as designed by the vehicle manufacturer, including
50		-	both of the following:
51		-	(1) the airbag operates as designed in the event of a
52		-	crash; and
53		-	(2) the airbag is designed to meet federal motor
54		-	vehicle safety standards for the specific make, model, and
55		-	year of the vehicle in which it is or will be installed.
56		-	(b) A person commits airbag fraud installation of object
57		-	in lieu of airbag when he or she, for consideration,
58		-	knowingly:
	32	+	SB2285 Enrolled- 2 -LRB103 28416 RLC 54796 b SB2285 Enrolled - 2 - LRB103 28416 RLC 54796 b
	33	+	SB2285 Enrolled - 2 - LRB103 28416 RLC 54796 b
	34	+	1 by the vehicle's diagnostic system when the installation
	35	+	2 procedure is completed and the vehicle is returned to the
	36	+	3 customer who requested the work to be performed or when
	37	+	4 ownership is intended to be transferred;
	38	+	5 (3) the airbag includes a part or object, including a
	39	+	6 supplemental restraint system component, that is installed
	40	+	7 in a motor vehicle to mislead the owner or operator of the
	41	+	8 motor vehicle into believing that a functional airbag has
	42	+	9 been installed; or
	43	+	10 (4) the airbag is subject to the provisions of 49
	44	+	11 U.S.C. 30120(j).
	45	+	12 "Supplemental restraint system" means a passive inflatable
	46	+	13 motor vehicle occupant crash protection system designed for
	47	+	14 use in conjunction with a seat belt assembly as defined in 49
	48	+	15 CFR 571.209. "Supplemental restraint system" includes one or
	49	+	16 more airbags and all components required to ensure that an air
	50	+	17 bag works as designed by the vehicle manufacturer, including
	51	+	18 both of the following:
	52	+	19 (1) the airbag operates as designed in the event of a
	53	+	20 crash; and
	54	+	21 (2) the airbag is designed to meet federal motor
	55	+	22 vehicle safety standards for the specific make, model, and
	56	+	23 year of the vehicle in which it is or will be installed.
	57	+	24 (b) A person commits airbag fraud installation of object
	58	+	25 in lieu of airbag when he or she, for consideration,
	59	+	26 knowingly:
59	60
60	61
61		-	(1) imports, manufactures, sells, offers for sale,
62		-	installs or reinstalls in a vehicle a counterfeit
63		-	supplemental restraint system component, a non-functional
64		-	airbag, or an object that does not comply any object in
65		-	lieu of an air bag that was designed in accordance with
66		-	federal safety regulations for the make, model, and year
67		-	of the vehicle in which it is or will be installed;
68		-	(2) sells, offers for sale, installs, or reinstalls in
69		-	any motor vehicle a device that causes a motor vehicle's
70		-	diagnostic system to inaccurately indicate that the motor
71		-	vehicle is equipped with a properly functioning airbag; or
72		-	(3) sells, leases, trades, or transfers a motor
73		-	vehicle if the person knows that a counterfeit
74		-	supplemental restraint system component, a non-functional
75		-	airbag, or an object that does not comply with federal
76		-	safety regulations for the make, model, and year of the
77		-	vehicle as part of a vehicle inflatable restraint system.
78		-	(c) This Section does not apply to an owner or employee of
79		-	a motor vehicle dealership or the owner of a vehicle, who,
80		-	before the sale of the vehicle, does not have knowledge that
81		-	the vehicle's airbag, or another component of the vehicle's
82		-	supplemental restraint system, is counterfeit or
83		-	non-functioning as part of a vehicle inflatable restraint
84		-	system.
85		-	(d) Sentence. A violation of this Section is a Class A
86		-	misdemeanor.
87	62
88	63
89		-	(Source: P.A. 96-1551, eff. 7-1-11.)
90		-	Section 99. Effective date. This Act takes effect January
91		-	1, 2024.
	64	+
	65	+	SB2285 Enrolled - 2 - LRB103 28416 RLC 54796 b
	66	+
	67	+
	68	+	SB2285 Enrolled- 3 -LRB103 28416 RLC 54796 b SB2285 Enrolled - 3 - LRB103 28416 RLC 54796 b
	69	+	SB2285 Enrolled - 3 - LRB103 28416 RLC 54796 b
	70	+	1 (1) imports, manufactures, sells, offers for sale,
	71	+	2 installs or reinstalls in a vehicle a counterfeit
	72	+	3 supplemental restraint system component, a non-functional
	73	+	4 airbag, or an object that does not comply any object in
	74	+	5 lieu of an air bag that was designed in accordance with
	75	+	6 federal safety regulations for the make, model, and year
	76	+	7 of the vehicle in which it is or will be installed;
	77	+	8 (2) sells, offers for sale, installs, or reinstalls in
	78	+	9 any motor vehicle a device that causes a motor vehicle's
	79	+	10 diagnostic system to inaccurately indicate that the motor
	80	+	11 vehicle is equipped with a properly functioning airbag; or
	81	+	12 (3) sells, leases, trades, or transfers a motor
	82	+	13 vehicle if the person knows that a counterfeit
	83	+	14 supplemental restraint system component, a non-functional
	84	+	15 airbag, or an object that does not comply with federal
	85	+	16 safety regulations for the make, model, and year of the
	86	+	17 vehicle as part of a vehicle inflatable restraint system.
	87	+	18 (c) This Section does not apply to an owner or employee of
	88	+	19 a motor vehicle dealership or the owner of a vehicle, who,
	89	+	20 before the sale of the vehicle, does not have knowledge that
	90	+	21 the vehicle's airbag, or another component of the vehicle's
	91	+	22 supplemental restraint system, is counterfeit or
	92	+	23 non-functioning as part of a vehicle inflatable restraint
	93	+	24 system.
	94	+	25 (d) Sentence. A violation of this Section is a Class A
	95	+	26 misdemeanor.
	96	+
	97	+
	98	+
	99	+
	100	+
	101	+	SB2285 Enrolled - 3 - LRB103 28416 RLC 54796 b
	102	+
	103	+
	104	+	SB2285 Enrolled- 4 -LRB103 28416 RLC 54796 b SB2285 Enrolled - 4 - LRB103 28416 RLC 54796 b
	105	+	SB2285 Enrolled - 4 - LRB103 28416 RLC 54796 b
	106	+	1 (Source: P.A. 96-1551, eff. 7-1-11.)
	107	+	2 Section 99. Effective date. This Act takes effect January
	108	+	3 1, 2024.
	109	+
	110	+
	111	+
	112	+
	113	+
	114	+	SB2285 Enrolled - 4 - LRB103 28416 RLC 54796 b