HB3777 103RD GENERAL ASSEMBLY

LRB103 29680 RLC 56083 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3777

Introduced 2/17/2023___________, by

SYNOPSIS AS INTRODUCED:

720 ILCS 5/12-5.1b new

Provides that the Act may be referred to as the Daniel Capuano Memorial Act. Amends the Criminal Code of 2012. Creates the offense of first responder endangerment. Provides that a person commits the offense when he or she knowingly creates a dangerous condition and intentionally conceals the dangerous condition in a commercial property under his or her management or operational control and the dangerous condition is found to be the primary cause of the death or serious bodily injury of a first responder in the course of his or her official duties. Provides that a violation is a Class 4 felony. Defines various terms.

A BILL FOR

AN ACT concerning criminal law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. This Act may be referred to as the Daniel Capuano Memorial Act.

Section 5. The Criminal Code of 2012 is amended by adding Section 12-5.1b as follows:

(720 ILCS 5/12-5.1b new)

Sec. 12-5.1b. First responder endangerment.

(a) In this Section:

"Commercial property" means developed real property used exclusively for business purposes, including non-residential spaces in mixed-use property, and does not include residential or multi-family real property.

"Dangerous condition" means a patently obvious condition of a life-threatening nature that results from structural or architectural work done without first submitting for a permit, or from a building code violation of which the person received actual notice from the code compliance official and failed to take corrective action within the time period specified by the code compliance official. "Dangerous condition" does not include actions undertaken without a permit to address or remediate a situation or condition that presents a clear and present threat to safety or to the integrity of the building. "Dangerous condition" does not include any failure by a governmental entity to make capital improvements or fund repairs that are not supported by an appropriation or budget enacted or adopted specifically for the property.

"First responder" means emergency medical services personnel as defined in Section 3.5 of the Emergency Medical Services (EMS) Systems Act, a law enforcement officer, or firefighter.

"Management or operational control" means the lawful ownership of or direct contractual relationship with the lawful owner for the person to manage the commercial property. "Management or operational control" does not include engineering, security, elevator operating, or dock or janitorial services performed by any person who is retained exclusively to provide the services and who does not have overall management or operational control of the building.

"Person" means a natural person, and only includes an individual who had personal or professional management or operational control of commercial real estate and who directly exercised final decision-making authority to create and conceal the dangerous condition causing death or serious bodily injury.

"Serious bodily injury" means bodily injury that results in a permanent disfigurement or permanent loss or impairment of a bodily function, limb, or organ.

(b) A person commits first responder endangerment when he or she (1) knowingly creates a dangerous condition and (2) intentionally conceals the dangerous condition in a commercial property under his or her management or operational control and the dangerous condition is the primary cause of the death or serious bodily injury of a first responder in the course of his or her official duties.

(c) Sentence. First responder endangerment is a Class 4 felony.