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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

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 14-3)

Status: (Enrolled - Dead) 2019-02-06 - Sent to the Governor [HB0531 Detail]

Download: Illinois-2017-HB0531-Engrossed.html

---

HB0531 Engrossed LRB100 05907 RLC 15933 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. This Act may be referred to as the Daniel
Capuano Memorial Act.
Section 5. The Criminal Code of 2012 is amended by adding
Section 12-5.1b as follows:
(720 ILCS 5/12-5.1b new)
Sec. 12-5.1b. First responder endangerment.
(a) As used 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

HB0531 Engrossed - 2 - LRB100 05907 RLC 15933 b
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.
"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
building.
"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.
"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

HB0531 Engrossed - 3 - LRB100 05907 RLC 15933 b