Bill Text: IL HB0531 | 2017-2018 | 100th General Assembly | Engrossed


Bill Title: Amends the Criminal Code of 2012. Creates the offense of criminal building management. Provides that a person commits the offense when, having personal or professional management or control of commercial real estate, whether as a legal or equitable owner or as a managing agent or otherwise, he or she recklessly permits or causes the physical condition or facilities of the commercial real estate to become or remain in any condition which endangers the health or safety of a first responder and: (1) the condition endangering the health or safety of a first responder was a building code violation or resulted from work done with a proper permit; (2) the condition endangering the health or safety of a first responder is determined to be a contributing factor in the injury or death of that first responder; and (3) the person recklessly conceals or attempts to conceal the condition that endangered the health or safety of the first responder that is found to be a contributing factor in that injury or death. Provides that criminal building management is a Class 4 felony.

Spectrum: Moderate Partisan Bill (Democrat 13-3)

Status: (Engrossed) 2017-11-06 - Added Co-Sponsor Rep. Laura Fine [HB0531 Detail]

Download: Illinois-2017-HB0531-Engrossed.html



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1 AN ACT concerning criminal law.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
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
16 condition of a life-threatening nature that results from
17 structural or architectural work done without first
18 submitting for a permit, or from a building code violation
19 of which the person received actual notice from the code
20 compliance official and failed to take corrective action
21 within the time period specified by the code compliance
22 official. "Dangerous condition" does not include actions

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1 undertaken without a permit to address or remediate a
2 situation or condition that presents a clear and present
3 threat to safety or to the integrity of the building.
4 "First responder" means emergency medical services
5 personnel as defined in Section 3.5 of the Emergency
6 Medical Services (EMS) Systems Act, a law enforcement
7 officer, or firefighter.
8 "Management or operational control" means the lawful
9 ownership of or direct contractual relationship with the
10 lawful owner for the person to manage the commercial
11 property. "Management or operational control" does not
12 include engineering, security, elevator operating, or dock
13 or janitorial services performed by any person who is
14 retained exclusively to provide the services and who does
15 not have overall management or operational control of the
16 building.
17 "Person" means a natural person, and only includes an
18 individual who had personal or professional management or
19 operational control of commercial real estate and who
20 directly exercised final decision-making authority to
21 create and conceal the dangerous condition causing death or
22 serious bodily injury.
23 "Serious bodily injury" means bodily injury that
24 results in a permanent disfigurement or permanent loss or
25 impairment of a bodily function, limb, or organ.
26 (b) A person commits first responder endangerment when he

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