Senate Bill sb0260

    Florida Senate - 2001                                   SB 260

    By Senator Geller





    29-122A-01

  1                      A bill to be entitled

  2         An act relating to motor vehicles; amending s.

  3         860.145, F.S.; increasing a criminal penalty

  4         under the Airbag Antitheft Act; requiring

  5         airbags to be marked with vehicle

  6         identification numbers; creating s. 860.146,

  7         F.S.; defining the terms "fake airbag" and

  8         "junk-filled airbag compartment"; prohibiting

  9         the sale, purchase, or installation of fake

10         airbags or junk-filled airbag compartments;

11         providing criminal penalties; providing an

12         effective date.

13

14  Be It Enacted by the Legislature of the State of Florida:

15

16         Section 1.  Paragraph (a) of subsection (4) of section

17  860.145, Florida Statutes, is amended and subsection (5) is

18  added to that section to read:

19         860.145  Airbag Antitheft Act.--

20         (4)  PROHIBITION; PENALTIES.--

21         (a)  It is unlawful for any person to knowingly

22  possess, sell, or install a stolen uninstalled airbag; a new

23  or salvaged airbag from which the manufacturer's part

24  identification number has been removed, altered, or defaced;

25  or an airbag taken from a stolen motor vehicle. Any person who

26  violates this paragraph commits a felony of the second third

27  degree, punishable as provided in s. 775.082, s. 775.083, or

28  s. 775.084.

29         (5)  AIRBAG IDENTIFICATION.--An airbag installed by the

30  manufacturer must be marked with the vehicle identification

31  number of the vehicle in which the airbag is placed. This

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                                   SB 260
    29-122A-01




  1  vehicle identification number may be in lieu of or in addition

  2  to any other identification number.

  3         Section 2.  Section 860.146, Florida Statutes, is

  4  created to read:

  5         860.146  Fake airbags; junk-filled airbag

  6  compartment.--

  7         (1)  As used in this section, the term:

  8         (a)  "Fake airbag" means any item made to look like or

  9  simulate an airbag which is not in fact an airbag and cannot

10  function as an airbag.

11         (b)  "Junk-filled airbag compartment" means an airbag

12  compartment that is filled with any substance that does not

13  function in the same manner or to the same extent as an airbag

14  to protect vehicle occupants in a vehicle crash.

15         (2)  It is unlawful for anyone to knowingly purchase,

16  sell, or install on any vehicle any fake airbag or junk-filled

17  airbag compartment. Any person who violates this subsection

18  commits a felony of the second degree, punishable as provided

19  in s. 775.082, s. 775.083, or 775.084.

20         Section 3.  This act shall take effect July 1, 2001.

21

22            *****************************************

23                          SENATE SUMMARY

24    Requires manufacturer-installed airbags to be marked with
      the vehicle identification number. Increases a criminal
25    penalty under the Airbag Antitheft Act. Defines the terms
      "fake airbag" and "junk-filled airbag compartment."
26    Prohibits the sale, purchase, or installation of fake
      airbags or junk-filled airbag compartments. Provides
27    criminal penalties.

28

29

30

31

                                  2

CODING: Words stricken are deletions; words underlined are additions.