HB0531ham003 100TH GENERAL ASSEMBLY
Rep. Kathleen Willis
Filed: 3/24/2017
 
 

 

 

 
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1
AMENDMENT TO HOUSE BILL 531




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 
15felony.".