Senate Bill 2616

AN ACT TO AMEND SECTION 63-7-62, MISSISSIPPI CODE OF 1972, TO CRIMINALIZE THE KNOWING OR INTENTIONAL MANUFACTURE, IMPORT, DISTRIBUTION, SELL, LEASE, INSTALL OR REINSTALL INTO A MOTOR VEHICLE OF A COUNTERFEIT AUTOMOBILE SUPPLEMENTAL RESTRAINT SYSTEM COMPONENT, A NONFUNCTIONAL AIRBAG OR AN OBJECT THAT REPLACES AN AUTOMOBILE SUPPLEMENTAL RESTRAINT SYSTEM COMPONENT AND DOES NOT COMPLY WITH CERTAIN STANDARDS; TO CRIMINALIZE THE INSTALL OR REINSTALL AS PART OF AN AUTOMOBILE SUPPLEMENTAL RESTRAINT SYSTEM ANY COMPONENT THAT CAUSES A MOTOR VEHICLE'S DIAGNOSTIC SYSTEM TO FAIL TO WARN THE MOTOR VEHICLE OPERATOR THAT AN AIRBAG IS NOT INSTALLED OR THAT A COUNTERFEIT AUTOMOBILE SUPPLEMENTAL RESTRAINT SYSTEM COMPONENT OR NONFUNCTIONAL AIRBAG IS INSTALLED IN THE MOTOR VEHICLE; TO DEFINE TERMS; TO PROVIDE CRIMINAL PENALTIES; TO PROVIDE EXCEPTIONS TO CRIMINAL LIABILITY FOR CERTAIN ENTITIES PERSON WITHOUT ACTUAL KNOWLEDGE OF THE COUNTERFEIT COMPONENTS; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 63-7-62, Mississippi Code of 1972, is amended as follows:

63-7-62. * * * (1) The following words shall have the meaning herein ascribed unless the context clearly requires otherwise:

(a) "Airbag" means an inflatable restraint device for occupants of motor vehicles that is part of an automobile supplemental restraint system.

(b) "Automobile supplemental restraint system" means a passive inflatable crash protection system that a vehicle manufacturer designs to protect automobile occupants in conjunction with a seat belt assembly, as defined in 49 C.F.R. 571.209, and that has one or more airbags and all components required to ensure that each airbag:

(i) Operates as designed in a crash; and

(ii) Meets federal motor vehicle safety standards for the specific make, model and year of manufacture of the vehicle in which the airbag is installed.

(c) "Counterfeit automobile supplemental restraint system component" means a replacement component, including an airbag, that without the authorization of a manufacturer, or a person that supplies parts to the manufacturer, displays a trademark that is identical or substantially similar to the manufacturer's or supplier's genuine trademark.

(d) "Nonfunctional airbag" means a replacement airbag that:

(i) Was previously deployed or damaged;

(ii) Has a fault that a motor vehicle's diagnostic systems detect once the airbag is installed;

(iii) May not be sold or leased under 49 U.S.C. 30120(j); or

(iv) Includes a counterfeit automobile supplemental restraint system component or other part or object that is installed for the purpose of misleading a motor vehicle owner or operator into believing that a functional airbag is installed. "Nonfunctional airbag" does not include an unrepaired deployed airbag or an airbag that is installed in a motor vehicle that has been declared a total loss or is otherwise a totaled vehicle or an unrepaired deployed airbag or an airbag that is installed in a motor vehicle for which the owner was issued a salvage title certificate or a similar title from another state.

(2) A person may not knowingly or intentionally:

(a) Manufacture, import, distribute, offer for sale, sell or lease or otherwise transfer, or install or reinstall into a motor vehicle, a counterfeit automobile supplemental restraint system component, a nonfunctional airbag or an object that replaces an automobile supplemental restraint system component and does not comply with Standard No. 208, 49 C.F.R 571.208, for the make, model and year of the motor vehicle; or

(b) Install or reinstall as part of an automobile supplemental restraint system any object, component, part or device that causes a motor vehicle's diagnostic system to fail to warn the motor vehicle operator that an airbag is not installed, or that a counterfeit automobile supplemental restraint system component or nonfunctional airbag is installed in the motor vehicle.

(c) For the purposes of paragraph (b) of this subsection, an installation of a counterfeit automobile supplemental restraint system component, a nonfunctional airbag or an object that replaces an automobile supplemental restraint system component and does not comply with Standard No. 208, 49 C.F.R 571.208, for the make, model and year of the motor vehicle does not occur until the installation work is complete and the earlier of these two (2) conditions occurs:

(i) The motor vehicle is returned to the operator; or

(ii) Title to the motor vehicle is transferred.

(3) Any person found in violation of this statute shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than Five Thousand Dollars ($5,000.00), or by imprisonment for not more than one (1) year, or both.

(4) There is no violation of subsection (2) of this section and no criminal liability under this section, in the event that a franchised motor vehicle dealer, as defined in Section 63-17-55 or its owners, do not have actual knowledge that a counterfeit automobile supplemental restraint system component, nonfunctional airbag, or other component device has been imported, manufactured, sold, offered for sale, installed, or reinstalled in lieu of a supplemental restraint system component at the franchised motor vehicle dealer's place of business or elsewhere, knowledge by any other person shall not be imputed to the franchised motor vehicle dealer or its owners.

SECTION 2. This act shall take effect and be in force from and after its passage.