Illinois General Assembly - Full Text of HB0531
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Full Text of HB0531  100th General Assembly




HB0531 EngrossedLRB100 05907 RLC 15933 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        "First responder" means emergency medical services
5    personnel as defined in Section 3.5 of the Emergency
6    Medical Services (EMS) Systems Act, a law enforcement
7    officer, or firefighter.
8        "Management or operational control" means the lawful
9    ownership of or direct contractual relationship with the
10    lawful owner for the person to manage the commercial
11    property. "Management or operational control" does not
12    include engineering, security, elevator operating, or dock
13    or janitorial services performed by any person who is
14    retained exclusively to provide the services and who does
15    not have overall management or operational control of the
16    building.
17        "Person" means a natural person, and only includes an
18    individual who had personal or professional management or
19    operational control of commercial real estate and who
20    directly exercised final decision-making authority to
21    create and conceal the dangerous condition causing death or
22    serious bodily injury.
23        "Serious bodily injury" means bodily injury that
24    results in a permanent disfigurement or permanent loss or
25    impairment of a bodily function, limb, or organ.
26    (b) A person commits first responder endangerment when he



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1or she (1) knowingly creates a dangerous condition and (2)
2intentionally conceals the dangerous condition in a commercial
3property under his or her management or operational control and
4the dangerous condition is the primary cause of the death or
5serious bodily injury of a first responder in the course of his
6or her official duties.
7    (c) Sentence. First responder endangerment is a Class 4