HB0531 Engrossed LRB100 05907 RLC 15933 b
1		AN ACT concerning criminal law.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 1. This Act may be referred to as the Daniel
5		Capuano Memorial Act.
6		Section 5. The Criminal Code of 2012 is amended by adding
7		Section 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

HB0531 Engrossed - 2 - LRB100 05907 RLC 15933 b
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

HB0531 Engrossed - 3 - LRB100 05907 RLC 15933 b