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| To amend section 4549.20 of the Revised Code to | 1 |
| prohibit the manufacture, import, or sale of a | 2 |
| counterfeit or nonfunctional motor vehicle air | 3 |
| bag, to prohibit the sale, installation, or | 4 |
| reinstallation of a device in a motor vehicle that | 5 |
| causes the vehicle's diagnostic system to | 6 |
| inaccurately indicate that the vehicle is equipped | 7 |
| with a functional air bag, and to increase the | 8 |
| penalty for improper replacement of a motor | 9 |
| vehicle air bag if the violation results in the | 10 |
| bodily injury or death of an individual. | 11 |
| Section 1. That section 4549.20 of the Revised Code be | 12 |
| amended to read as follows: | 13 |
| Sec. 4549.20. (A) As used in this section | 14 |
| (1) "Air bag" has the same meaning as in 49 C.F.R. 579.4, as | 15 |
| amended. | 16 |
| (2) "Counterfeit air bag" means an air bag displaying a mark | 17 |
| identical or similar to the genuine mark of a motor vehicle | 18 |
| manufacturer, without the authorization of the motor vehicle | 19 |
| manufacturer. | 20 |
| (3) "Nonfunctional air bag" means any of the following: | 21 |
| (a) A replacement air bag that has been previously deployed | 22 |
| or damaged; | 23 |
| (b) A replacement air bag that has an electrical fault that | 24 |
| is detected by the air bag diagnostic system of a vehicle after | 25 |
| the air bag is installed; | 26 |
| (c) A counterfeit air bag, air bag cover, or some other | 27 |
| object that is installed in a vehicle to deceive an owner or | 28 |
| operator of the vehicle into believing that a functional air bag | 29 |
| has been installed. | 30 |
| (B) No person shall install or reinstall in any motor vehicle | 31 |
| a counterfeit or nonfunctional air bag or any object intended to | 32 |
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fulfill the function of an air bag | 33 |
| than an air bag that was designed in conformance with or that is | 34 |
| regulated by federal motor vehicle safety standard number 208 for | 35 |
| the make, model, and model year of the vehicle, knowing that the | 36 |
| object is not in accordance with that standard. | 37 |
| (C) | 38 |
| sell, or offer for sale any of the following: | 39 |
| (1) A counterfeit air bag; | 40 |
| (2) A nonfunctional air bag; | 41 |
| (3) Any other object that is intended to be installed in a | 42 |
| motor vehicle to fulfill the function of an air bag and that is | 43 |
| not in conformance with federal motor vehicle safety standard | 44 |
| number 208 for the make, model, and model year of the vehicle in | 45 |
| which the object is intended to be installed. | 46 |
| (D) No person shall knowingly sell, install, or reinstall a | 47 |
| device in a motor vehicle that causes the diagnostic system of a | 48 |
| vehicle to inaccurately indicate that the vehicle is equipped with | 49 |
| a functional air bag. | 50 |
| (E) Except as otherwise provided in this division, whoever | 51 |
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violates | 52 |
| replacement of a motor vehicle air bag, a misdemeanor of the first | 53 |
| degree on a first offense. On each subsequent offense, or if the | 54 |
| violation results in the bodily injury or death of an individual, | 55 |
| the person is guilty of a felony of the fifth degree. | 56 |
| Each manufacture, importation, installation, reinstallation, | 57 |
| sale, or offer for sale in violation of this section shall | 58 |
| constitute a separate and distinct violation. | 59 |
| Section 2. That existing section 4549.20 of the Revised Code | 60 |
| is hereby repealed. | 61 |