Illinois General Assembly - Full Text of HB3777
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Full Text of HB3777  103rd General Assembly




State of Illinois
2023 and 2024


Introduced 2/17/2023___________, by


720 ILCS 5/12-5.1b new

    Provides that the Act may be referred to as the Daniel Capuano Memorial Act. 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.

LRB103 29680 RLC 56083 b





HB3777LRB103 29680 RLC 56083 b

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) 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



HB3777- 2 -LRB103 29680 RLC 56083 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    "Dangerous condition" does not include any failure by a
5    governmental entity to make capital improvements or fund
6    repairs that are not supported by an appropriation or
7    budget enacted or adopted specifically for the property.
8        "First responder" means emergency medical services
9    personnel as defined in Section 3.5 of the Emergency
10    Medical Services (EMS) Systems Act, a law enforcement
11    officer, or firefighter.
12        "Management or operational control" means the lawful
13    ownership of or direct contractual relationship with the
14    lawful owner for the person to manage the commercial
15    property. "Management or operational control" does not
16    include engineering, security, elevator operating, or dock
17    or janitorial services performed by any person who is
18    retained exclusively to provide the services and who does
19    not have overall management or operational control of the
20    building.
21        "Person" means a natural person, and only includes an
22    individual who had personal or professional management or
23    operational control of commercial real estate and who
24    directly exercised final decision-making authority to
25    create and conceal the dangerous condition causing death
26    or serious bodily injury.



HB3777- 3 -LRB103 29680 RLC 56083 b

1        "Serious bodily injury" means bodily injury that
2    results in a permanent disfigurement or permanent loss or
3    impairment of a bodily function, limb, or organ.
4    (b) A person commits first responder endangerment when he
5or she (1) knowingly creates a dangerous condition and (2)
6intentionally conceals the dangerous condition in a commercial
7property under his or her management or operational control
8and the dangerous condition is the primary cause of the death
9or serious bodily injury of a first responder in the course of
10his or her official duties.
11    (c) Sentence. First responder endangerment is a Class 4