Are "unlockable" bikes legal?

[LoneCommuter]

I am interested in the Juiced CampScambler but worried that it does not meet the definition of AB 1096 for California Law (emphasis mine):

(1) A “class 1 electric bicycle,” or “low-speed pedal-assisted electric bicycle,” is a bicycle equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour.
(2) A “class 2 electric bicycle,” or “low-speed throttle-assisted electric bicycle,” is a bicycle equipped with a motor that may be used exclusively to propel the bicycle, and that is not capable of providing assistance when the bicycle reaches the speed of 20 miles per hour.
(3) A “class 3 electric bicycle,” or “speed pedal-assisted electric bicycle,” is a bicycle equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches the speed of 28 miles per hour, and equipped with a speedometer.

Since a lot of these hybrids have both Class 2 throttle capability but also Class 3 PAS it is not clear that it is legal. However, it seems like it should be legal to have 20mph limited throttle + PAS.

That being said, Juiced bikes ship with max 20mph throttle + PAS but the PAS can be "unlocked" to go to 28mph.

Does the fact that it can be unlocked make it illegal to ride as a legal Class 2 bike?

It is unfortunate that it doesn't seem I can really check with anyone on this short of trying to seek my own private (and expensive!) legal counsel.