Public Act 103-0900
SB2285 EnrolledLRB103 28416 RLC 54796 b SB2285 Enrolled LRB103 28416 RLC 54796 b
SB2285 Enrolled LRB103 28416 RLC 54796 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Criminal Code of 2012 is amended by
changing Section 17-11.2 as follows:
(720 ILCS 5/17-11.2)
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
SB2285 Enrolled LRB103 28416 RLC 54796 b
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,
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
misdemeanor.
(Source: P.A. 96-1551, eff. 7-1-11.)
Section 99. Effective date. This Act takes effect January
1, 2024.