101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
Introduced , by Rep. Kathleen Willis
SYNOPSIS AS INTRODUCED:
Amends the Criminal Code of 2012. Creates the offense of first
responder endangerment. Provides that a person commits the offense when he
or she knowingly creates a dangerous condition and intentionally conceals
the dangerous condition in a commercial property under his or her
management or operational control and the dangerous condition is found to
be the primary cause of the death or serious bodily injury of a first
responder in the course of his or her official duties. Provides that a
violation is a Class 4 felony. Defines various terms.
|CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY|
A BILL FOR
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AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
This Act may be referred to as the Daniel
Capuano Memorial Act.
The Criminal Code of 2012 is amended by adding
Section 12-5.1b as follows:
(720 ILCS 5/12-5.1b new)
First responder endangerment.
(a) In this Section:
"Commercial property" means developed real property
used exclusively for business purposes, including
non-residential spaces in mixed-use property, and does not
include residential or multi-family real property.
"Dangerous condition" means a patently obvious
condition of a life-threatening nature that results from
structural or architectural work done without first
submitting for a permit, or from a building code violation
of which the person received actual notice from the code
compliance official and failed to take corrective action
within the time period specified by the code compliance
official. "Dangerous condition" does not include actions
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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