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Regular Session, 2014 ENROLLED
SENATE BILL NO. 32
BY SENATOR MORRISH
AN ACT1
To amend and reenact R.S. 14:231, relative to offenses against property; to provide relative2
to air bag fraud; to provide penalties for knowingly manufacturing, importing,3
selling, offering for sale, or installing or reinstalling in any motor vehicle a4
counterfeit or nonfunctional air bag; to provide definitions; and to provide for related5
matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 14:231 is hereby amended and reenacted to read as follows:8
ยง231. Air Counterfeit and nonfunctional air bags prohibited; air bag fraud9
prohibited10
A. No person shall knowingly install or reinstall either of the following in a11
motor vehicle:12
(1) An air bag, whether previously deployed or not, that was not designed to13
meet all applicable federal safety regulations for a vehicle of that make, model, and14
year.15
(2) Any object in lieu of an air bag that was not designed to meet all16
applicable federal safety regulations for a vehicle of that make, model, and year.17
B. For purposes of this Section, an "air bag" means an inflatable occupant18
restraint system designed to activate in a motor vehicle in the event of a traffic crash19
to mitigate injury or ejection.20
C. Whoever violates the provisions of this Section shall be fined not more21
than two thousand dollars, imprisoned not more than six months, or both.22
No person shall knowingly install or reinstall in any motor vehicle a23 SB NO. 32 ENROLLED
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counterfeit or nonfunctional air bag or any other object intended to fulfill the1
function of an air bag that does not meet the definition of "air bag" set forth in2
Subsection D of this Section.3
B. No person shall knowingly manufacture, import, sell, or offer for sale4
a counterfeit or nonfunctional air bag or any other object intended to fulfill the5
function of an air bag that does not meet the definition of "air bag" set forth in6
Subsection D of this Section.7
C. No person shall knowingly sell, install, or reinstall a device in a motor8
vehicle that causes the diagnostic system of the vehicle to indicate inaccurately9
that the vehicle is equipped with a functional air bag.10
D. For purposes of this Section:11
(1) "Air bag" means an inflatable occupant restraint system, including12
all component parts, such as the cover, sensors, controllers, inflators, and13
wiring, designed to activate in a motor vehicle in the event of a crash to mitigate14
injury or ejection and that meets the federal motor vehicle safety standards set15
forth in 49 C.F.R. 571.208 for the make, model, and model year of the motor16
vehicle.17
(2) "Counterfeit air bag" means an air bag displaying a mark identically18
or substantially similar to the genuine mark of a motor vehicle manufacturer,19
without the authorization of the motor vehicle manufacturer.20
(3) "Nonfunctional air bag" means any of the following:21
(a) A replacement air bag that has been previously deployed or damaged.22
(b) A replacement air bag that has an electrical fault that is detected by23
the air bag diagnostic system after the air bag is installed.24
(c) A counterfeit air bag, air bag cover, or some other object that is25
installed in a motor vehicle in order to mislead or deceive an owner or operator26
of the motor vehicle into believing that a functional air bag has been installed.27
(4) "Serious bodily injury" means bodily injury that involves28
unconsciousness, extreme physical pain, protracted and obvious disfigurement,29
protracted loss or impairment of the function of a bodily member, organ, or30 SB NO. 32 ENROLLED
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mental faculty, or a substantial risk of death.1
E. Whoever violates the provisions of Subsection A or C of this Section2
shall:3
(1) Upon first conviction, be fined not more than one thousand dollars,4
or imprisoned for not more than six months, or both, except as provided in5
Paragraph (2) of this Subsection.6
(2) Upon a second and subsequent conviction, or if the violation results7
in the serious bodily injury or death of any person, be fined not more than two8
thousand five hundred dollars, or imprisoned, with or without hard labor, for9
not more than one year, or both.10
F. Whoever violates the provisions of Subsection B of this Section shall:11
(1) Upon conviction, be fined not more than two thousand five hundred12
dollars, or imprisoned, with or without hard labor, for not more than one year,13
or both, except as provided in Paragraphs (2) and (3) of this Subsection.14
(2) Upon conviction, if the cumulative sales price of the air bags or15
objects involved in the violation is at least five thousand dollars but less than16
one hundred thousand dollars, or if the number of air bags or objects involved17
in the violation is at least one hundred but less than one thousand, be fined not18
more than five thousand dollars, or imprisoned, with or without hard labor, for19
not less than six months nor more than two years, or both.20
(3) Upon conviction, if the cumulative sales price of the air bags or21
objects involved in the violation is one hundred thousand dollars or more, or if22
the number of air bags or objects involved in the violation is one thousand or23
more, be fined not more than ten thousand dollars, or imprisoned, with or24
without hard labor, for not less than one year nor more than five years, or both.25
G. Each manufacture, importation, installation, reinstallation, sale, or26
offer for sale in violation of this Section shall constitute a separate and distinct27
violation.28
Section 2. This Act shall become effective upon signature by the governor or, if not29
signed by the governor, upon expiration of the time for bills to become law without signature30 SB NO. 32 ENROLLED
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by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If1
vetoed by the governor and subsequently approved by the legislature, this Act shall become2
effective on the day following such approval.3
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: