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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
"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.
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"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