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


Rep. Kathleen Willis

Filed: 3/24/2017





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2    AMENDMENT NO. ______. Amend House Bill 531 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Criminal Code of 2012 is amended by adding
5Section 12-5.1b as follows:
6    (720 ILCS 5/12-5.1b new)
7    Sec. 12-5.1b. First responder endangerment.
8    (a) As used in this Section:
9        "Commercial property" means developed real property
10    used exclusively for business purposes, and does not
11    include residential or multi-family real property.
12        "Dangerous condition" means a patently obvious
13    condition of a life-threatening nature that results from
14    structural or architectural work done without first
15    submitting for a permit, or from a building code violation
16    of which the person received actual notice from the code



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1    compliance official and failed to take corrective action
2    within the time period specified by the code compliance
3    official. "Dangerous condition" does not include actions
4    undertaken without a permit to address or remediate a
5    situation or condition that presents a clear and present
6    threat to safety or to the integrity of the building.
7    "Dangerous condition" does not include any failure by a
8    governmental entity to make capital improvements or fund
9    repairs that are not supported by an appropriation or
10    budget enacted or adopted specifically for the property.
11        "First responder" means emergency medical services
12    personnel as defined in Section 3.5 of the Emergency
13    Medical Services (EMS) Systems Act, a law enforcement
14    officer, or firefighter.
15        "Management or operational control" means the lawful
16    ownership of or direct contractual relationship with the
17    lawful owner for the person to manage the commercial
18    property. "Management or operational control" does not
19    include engineering, security, elevator operating, or dock
20    or janitorial services performed by any person who is
21    retained exclusively to provide the services and who does
22    not have overall management or operational control of the
23    building.
24        "Person" means a natural person, and only includes an
25    individual who had personal or professional management or
26    operational control of commercial real estate and who



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1    directly exercised final decision-making authority to
2    create and conceal the dangerous condition causing death or
3    serious bodily injury.
4        "Serious bodily injury" means bodily injury that
5    results in a permanent disfigurement or permanent loss or
6    impairment of a bodily function, limb, or organ.
7    (b) A person commits first responder endangerment when he
8or she (1) knowingly creates a dangerous condition and (2)
9intentionally conceals the dangerous condition in a commercial
10property under his or her management or operational control and
11the dangerous condition is the primary cause of the death or
12serious bodily injury of a first responder in the course of his
13or her official duties.
14    (c) Sentence. First responder endangerment is a Class 4