Rep. Kathleen Willis
Filed: 2/26/2018
 
 

 

 

 
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1
AMENDMENT TO HOUSE BILL 4390




2    AMENDMENT NO. ______. Amend House Bill 4390  by replacing 
3everything after the enacting clause with the following:




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