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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 |
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 |
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 |