Rep. Kathleen Willis
Filed: 4/21/2017
 
 

 

 

 
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1
AMENDMENT TO HOUSE BILL 531 




2    AMENDMENT NO. ______. Amend House Bill 531, AS AMENDED, by 
3replacing everything after the enacting clause with the 
4following:


 
5    "Section 1. This Act may be referred to as the Daniel 
6Capuano Memorial Act. 
 
7    Section 5. The Criminal Code of 2012 is amended  by adding 
8Section 12-5.1b as follows:
 
9    (720 ILCS 5/12-5.1b new)
10    Sec. 12-5.1b. First responder endangerment.
11    (a)  As used in this Section:
12        "Commercial property" means developed real property 
13    used exclusively for business purposes, including 
14    non-residential spaces in mixed-use property, and does not 
15    include residential or multi-family real property.
 
 
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1        "Dangerous condition" means a patently obvious 
2    condition of a life-threatening  nature  that results from 
3    structural or architectural work done without first 
4    submitting for a permit, or from a building code violation 
5    of which the person received actual notice from the code 
6    compliance official and failed to take corrective action 
7    within the time period specified by the code compliance 
8    official.  "Dangerous condition" does not include actions 
9    undertaken without a permit to address or remediate a 
10    situation or condition that presents a clear and present 
11    threat to safety or to the integrity of the building.
12        "First responder" means emergency medical services 
13    personnel as defined in Section 3.5 of the Emergency 
14    Medical Services (EMS) Systems Act, a law enforcement 
15    officer, or firefighter.
16        "Management or operational control" means the lawful 
17    ownership of or direct contractual relationship  with the 
18    lawful owner for the person to manage the commercial 
19    property.  "Management or operational control" does not 
20    include engineering, security, elevator operating, or dock 
21    or janitorial services performed by any person who is 
22    retained exclusively to provide the services and who does 
23    not have overall management or operational control of the 
24    building.
25        "Person" means a natural person, and only includes an 
26    individual who had  personal or professional management or 
 
 
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1    operational control of commercial real estate and who 
2    directly exercised final decision-making authority to 
3    create and conceal the dangerous condition causing death or 
4    serious bodily injury.
5        "Serious bodily injury"  means bodily injury that 
6    results in a permanent disfigurement or permanent loss or 
7    impairment of a bodily function, limb, or organ.
8    (b)  A person commits first responder endangerment when he 
9or she (1) knowingly creates a dangerous condition and (2) 
10intentionally conceals the dangerous condition in a commercial 
11property under his or her management or operational control and 
12the dangerous condition is the primary cause of the death or 
13serious bodily injury of a first responder in the course of his 
14or her official duties.
15    (c)  Sentence. First responder endangerment is a Class 4 
16felony.".