00                      CS FOR HOUSE BILL NO. 74(JUD)                                                                     
01 "An Act establishing the crime of airbag fraud."                                                                        
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
03    * Section 1. AS 28.35 is amended by adding a new section to read:                                                  
04            Sec. 28.35.248. Airbag fraud. (a) A person commits the crime of airbag fraud                               
05       if the person                                                                                                     
06                 (1)  knowingly installs or reinstalls                                                                   
07                      (A)  a replacement airbag that does not comply with federal                                        
08            safety regulations specific to the vehicle's make, model, and year;                                          
09                      (B)  an airbag that is counterfeit or nonfunctioning; or                                           
10                      (C)  a part or device that is intended to conceal a counterfeit or                                 
11            nonfunctioning airbag; or                                                                                    
12                 (2)  knowingly manufactures                                                                             
13                      (A)  a counterfeit or nonfunctioning airbag; or                                                    
14                      (B)  a part or device that is intended to conceal a counterfeit or                                 
15            nonfunctioning airbag.                                                                                       

01            (b)  In this section,                                                                                        
02                 (1)  "airbag" includes an airbag component;                                                             
03                 (2)  "counterfeit" means a replacement airbag displaying an                                             
04       unauthorized mark that is identical, or substantially similar, to the genuine mark of a                           
05       motor vehicle manufacturer or supplier of parts to a motor vehicle manufacturer;                                  
06 (3)  "nonfunctioning" means a replacement airbag that is inoperable,                                                    
07 damaged, or recalled, has previously been deployed, will cause a vehicle's diagnostic                                   
08 system to inaccurately indicate that the vehicle is equipped with a properly functioning                                
09 airbag, or results in an electric fault detected by a vehicle's diagnostic system after the                             
10       installation procedure is complete.                                                                               
11            (c)  Airbag fraud is                                                                                         
12                 (1)  a class A misdemeanor; or                                                                          
13 (2)  a class C felony if death or serious physical injury to another                                                    
14 person results from the manufacture, installation, or reinstallation of a replacement                                   
15 airbag that does not comply with federal safety regulations specific to the vehicle's                                   
16       make, model, and year or a counterfeit or nonfunctioning airbag.