HOUSE BUSINESS AND INDUSTRY COMMITTEE SUBSTITUTE FOR

HOUSE BILL 118

51st legislature - STATE OF NEW MEXICO - first session, 2013

AN ACT

RELATING TO MOTOR VEHICLES; PROHIBITING THE ALTERATION OF AIRBAGS; PROHIBITING THE SALE AND INSTALLATION OF COUNTERFEIT AIRBAGS; REQUIRING AIRBAGS IN RENTAL VEHICLES OR VEHICLES FOR HIRE; PROHIBITING MISREPRESENTATION WITH RESPECT TO 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 in a manner that causes the airbag to become a counterfeit airbag;

                (6) sell a motor vehicle that is known by the seller at the time of the sale to have a counterfeit airbag installed without first warning the purchaser in writing of the counterfeit airbag;

                (7) rent or offer for hire a motor vehicle that is not equipped with airbags required to be in the motor vehicle by the applicable federal safety regulations for the make, model and year of the vehicle; or

                (8) 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. A second or subsequent conviction pursuant to this section is a fourth degree felony, and the offender shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.

          D. A violation of the provisions of this section that results in great bodily harm is a third degree felony, and the offender shall be sentenced pursuant to the provisions of Section 31-18-15 NMSA 1978.

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

          F. As used in this section:

                (1) "counterfeit airbag" means an airbag that is inoperable or does not meet applicable original equipment manufacturer specifications for an airbag designed to be installed in a motor vehicle of a particular make, model and year;

                (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; and

                (3) "knowingly" or "known" means having actual knowledge of the violation."

     SECTION 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2013.

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