Morrish (SB 32) Act No. 105
Prior law, relative to offenses against property, provided that no person can knowingly install
or reinstall either of the following in a motor vehicle:
(1)An air bag, whether previously deployed or not, that was not designed to meet all
applicable federal safety regulations for a vehicle of that make, model, and year.
(2)Any object in lieu of an air bag that was not designed to meet all applicable federal
safety regulations for a vehicle of that make, model, and year.
New law essentially retains prior law, and further prohibits the manufacture, importation,
sale, or offer for sale of a counterfeit air bag, a nonfunctional air bag, or any other object
intended to fulfill the function of an air bag, but that does not meet all applicable federal
safety regulations for a vehicle of that make, model, and year.
New law provides that no person can knowingly sell, install, or reinstall a device in a motor
vehicle that causes the diagnostic system of the vehicle to indicate inaccurately that the
vehicle is equipped with a functional air bag.
Prior law defined an "air bag" as an inflatable occupant restraint system designed to activate
in a motor vehicle in the event of a traffic crash to mitigate injury or ejection.
New law deletes prior law and provides the following definitions:
(1)"Air bag" means an inflatable occupant restraint system, including all component
parts, such as the cover, sensors, controllers, inflators, and wiring, designed to
activate in a motor vehicle in the event of a crash to mitigate injury or ejection and
that meets the applicable federal motor vehicle safety standards for the make, model,
and model year of the motor vehicle.
(2)"Counterfeit air bag" means an air bag displaying a mark identically or substantially
similar to the genuine mark of a motor vehicle manufacturer, without the
authorization of the motor vehicle manufacturer.
(3)"Nonfunctional air bag" means a replacement air bag that has been previously
deployed or damaged, a replacement air bag that has an electrical fault that is
detected by the air bag diagnostic system after the air bag is installed, or a counterfeit
air bag, air bag cover, or some other object that is installed in a motor vehicle in order
to mislead or deceive an owner or operator of the motor vehicle into believing that
a functional air bag has been installed.
(4)"Serious bodily injury" means bodily injury that involves unconsciousness, extreme
physical pain, or protracted and obvious disfigurement, or protracted loss or
impairment of the function of a bodily member, organ, or mental faculty, or a
substantial risk of death.
Prior law provided that whoever violates prior law is to be fined not more than $2,000,
imprisoned not more than six months, or both.
New law deletes prior law and provides the following penalties based on the specifics of the
violation:
(1)Whoever violates the provisions of new law relative to installation, reinstallation, or
the motor vehicle diagnostic system:
(a)Upon first conviction is to be fined not more than $1,000, or imprisoned for
not more than six months, or both, except as provided in new law.
(b)Upon a second and subsequent conviction, or if the violation results in the
serious bodily injury or death of any person, is to be fined not more than
$2,000, or imprisoned, with or without hard labor, for not more than one year,
or both. (2)Whoever violates the provisions of new law relative to manufacture, importation,
sale, or offer for sale:
(a)Upon conviction is to be fined not more than $2,000, or imprisoned, with or
without hard labor, for not more than one year, or both, except as provided
in new law.
(b)Upon conviction, if the cumulative sales price of the air bags or objects
involved in the violation is at least $5,000 but less than $100,000, or if the
number of air bags or objects involved in the violation is at least 100 but less
than 1,000, is to be fined not more than $5,000, or imprisoned, with or
without hard labor, for not less than six months nor more than two years, or
both.
(c)Upon conviction, if the cumulative sales price of the air bags or objects
involved in the violation is $100,000 or more, or if the number of air bags or
objects involved in the violation is 1,000 or more, is to be fined not more
than $10,000, or imprisoned, with or without hard labor, for not less than one
year nor more than five years, or both.
New law provides that each manufacture, importation, installation, reinstallation, sale, or
offer for sale in violation of new law constitutes a separate and distinct violation.
Effective upon signature of the governor (May 16, 2014).
(Amends R.S. 14:231)