HB4390 EngrossedLRB100 16630 RLC 31767 b


  
1    AN ACT concerning criminal law.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  





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