HOUSE BUSINESS AND INDUSTRY COMMITTEE SUBSTITUTE FOR

HOUSE BILL 501

50th legislature - STATE OF NEW MEXICO - first session, 2011

AN ACT

RELATING TO MOTOR VEHICLES; PROHIBITING THE ALTERATION OF AIRBAGS AND THE SALE, INSTALLATION OR MISREPRESENTATION OF COUNTERFEIT AIRBAGS; PROVIDING PENALTIES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. A new section of the Motor Vehicle Code is enacted to read:

     "[NEW MATERIAL] AIRBAG VIOLATIONS.--

          A. It is unlawful for a person to knowingly:

                (1) fail to install an airbag in a motor vehicle after representing to another person that the person will install an airbag;

                (2) install a counterfeit airbag in a motor vehicle;

                (3) make or sell a counterfeit airbag to be installed in a motor vehicle;

                (4) represent to another that a counterfeit airbag is not counterfeit;

                (5) intentionally alter an airbag that is not counterfeit in a manner that causes the airbag to not meet all applicable federal safety regulations for an airbag designed to be installed in a motor vehicle of a particular make, model and year;

                (6) sell a vehicle containing a counterfeit airbag without first warning the purchaser, in writing, of the counterfeit airbag and the safety hazards associated with the airbag; or

                (7) assist another in violating the provisions of this subsection.

          B. A first conviction pursuant to this section is a misdemeanor and the offender shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978.

          C. Upon a second or subsequent conviction pursuant to this section, an offender is guilty of a fourth degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.

          D. A person that causes great bodily harm to a human being as a result of a violation of the provisions of this section is guilty of a third degree felony and shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.

          E. As used in this section:

                (1) "counterfeit airbag" means an airbag that does not meet all applicable federal safety regulations for an airbag designed to be installed in a motor vehicle of a particular make, model and year; and

                (2) "great bodily harm" means an injury to a person that creates a high probability of death, that causes serious disfigurement or that results in permanent or protracted loss or impairment of the function of any member or organ of the body.

          F. This section shall not apply to airbags or counterfeit airbags in a vehicle operated solely on a closed course or track."

     SECTION 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2011.

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