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| 1 | AN ACT concerning criminal law.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 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 | ||||||
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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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| 1 | or she (1) knowingly creates a dangerous condition and (2) | ||||||
| 2 | intentionally conceals the dangerous condition in a commercial | ||||||
| 3 | property under his or her management or operational control and | ||||||
| 4 | the dangerous condition is the primary cause of the death or | ||||||
| 5 | serious bodily injury of a first responder in the course of his | ||||||
| 6 | or her official duties. | ||||||
| 7 | (c) Sentence. First responder endangerment is a Class 4 | ||||||
| 8 | felony. | ||||||