Illinois General Assembly - Full Text of SB2285
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Full Text of SB2285  103rd General Assembly




SB2285 EngrossedLRB103 28416 RLC 54796 b

1    AN ACT concerning criminal law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Criminal Code of 2012 is amended by
5changing Section 17-11.2 as follows:
6    (720 ILCS 5/17-11.2)
7    Sec. 17-11.2. Airbag fraud Installation of object in lieu
8of air bag.
9    (a) Definitions. In this Section:
10    "Airbag" means a motor vehicle inflatable occupant
11restraint system device that is part of a vehicle's
12supplemental restraint system.
13    "Counterfeit supplemental restraint system component"
14means a replacement supplemental restraint system component,
15including but not limited to an airbag, that displays a mark
16identical to, or substantially similar to, the genuine mark of
17a motor vehicle manufacturer or a supplier of parts to the
18manufacturer of a motor vehicle without authorization from
19that manufacturer or supplier, respectively.
20     "Non-functional airbag" means a replacement airbag that
21meets any of the following criteria:
22        (1) the airbag was previously deployed or damaged;
23        (2) the airbag has an electric fault that is detected



SB2285 Engrossed- 2 -LRB103 28416 RLC 54796 b

1    by the vehicle's diagnostic system when the installation
2    procedure is completed and the vehicle is returned to the
3    customer who requested the work to be performed or when
4    ownership is intended to be transferred;
5        (3) the airbag includes a part or object, including a
6    supplemental restraint system component, that is installed
7    in a motor vehicle to mislead the owner or operator of the
8    motor vehicle into believing that a functional airbag has
9    been installed; or
10        (4) the airbag is subject to the provisions of 49
11    U.S.C. 30120(j).
12    "Supplemental restraint system" means a passive inflatable
13motor vehicle occupant crash protection system designed for
14use in conjunction with a seat belt assembly as defined in 49
15CFR 571.209. "Supplemental restraint system" includes one or
16more airbags and all components required to ensure that an air
17bag works as designed by the vehicle manufacturer, including
18both of the following:
19        (1) the airbag operates as designed in the event of a
20    crash; and
21        (2) the airbag is designed to meet federal motor
22    vehicle safety standards for the specific make, model, and
23    year of the vehicle in which it is or will be installed.
24    (b) A person commits airbag fraud installation of object
25in lieu of airbag when he or she, for consideration,



SB2285 Engrossed- 3 -LRB103 28416 RLC 54796 b

1        (1) imports, manufactures, sells, offers for sale,
2    installs or reinstalls in a vehicle a counterfeit
3    supplemental restraint system component, a non-functional
4    airbag, or an object that does not comply any object in
5    lieu of an air bag that was designed in accordance with
6    federal safety regulations for the make, model, and year
7    of the vehicle in which it is or will be installed;
8        (2) sells, offers for sale, installs, or reinstalls in
9    any motor vehicle a device that causes a motor vehicle's
10    diagnostic system to inaccurately indicate that the motor
11    vehicle is equipped with a properly functioning airbag; or
12        (3) sells, leases, trades, or transfers a motor
13    vehicle if the person knows that a counterfeit
14    supplemental restraint system component, a non-functional
15    airbag, or an object that does not comply with federal
16    safety regulations for the make, model, and year of the
17    vehicle as part of a vehicle inflatable restraint system.
18    (c) This Section does not apply to an owner or employee of
19a motor vehicle dealership or the owner of a vehicle, who,
20before the sale of the vehicle, does not have knowledge that
21the vehicle's airbag, or another component of the vehicle's
22supplemental restraint system, is counterfeit or
23non-functioning as part of a vehicle inflatable restraint
25     (d) Sentence. A violation of this Section is a Class A



SB2285 Engrossed- 4 -LRB103 28416 RLC 54796 b

1(Source: P.A. 96-1551, eff. 7-1-11.)
2    Section 99. Effective date. This Act takes effect January
31, 2024.