Illinois General Assembly - Full Text of SB2073
Illinois General Assembly

Previous General Assemblies

Full Text of SB2073  100th General Assembly

SB2073sam002 100TH GENERAL ASSEMBLY

Sen. Don Harmon

Filed: 5/29/2017

 

 


 

 


 
10000SB2073sam002LRB100 06854 RLC 27314 a

1
AMENDMENT TO SENATE BILL 2073

2    AMENDMENT NO. ______. Amend Senate Bill 2073, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
 
5    "Section 1. This Act may be referred to as the Daniel
6Capuano Memorial Act.
 
7    Section 5. The Criminal Code of 2012 is amended by adding
8Section 12-5.1b as follows:
 
9    (720 ILCS 5/12-5.1b new)
10    Sec. 12-5.1b. First responder endangerment.
11    (a) As used in this Section:
12        "Commercial property" means developed real property
13    used exclusively for business purposes, including
14    non-residential spaces in mixed-use property, and does not
15    include residential or multi-family real property.

 

 

10000SB2073sam002- 2 -LRB100 06854 RLC 27314 a

1        "Dangerous condition" means a patently obvious
2    condition of a life-threatening nature that results from
3    structural or architectural work done without first
4    submitting for a permit, or from a building code violation
5    of which the person received actual notice from the code
6    compliance official and failed to take corrective action
7    within the time period specified by the code compliance
8    official. "Dangerous condition" does not include actions
9    undertaken without a permit to address or remediate a
10    situation or condition that presents a clear and present
11    threat to safety or to the integrity of the building.
12    "Dangerous condition" does not include any failure by a
13    governmental entity to make capital improvements or fund
14    repairs that are not supported by an appropriation or
15    budget enacted or adopted specifically for the property.
16        "First responder" means emergency medical services
17    personnel as defined in Section 3.5 of the Emergency
18    Medical Services (EMS) Systems Act, a law enforcement
19    officer, or firefighter.
20        "Management or operational control" means the lawful
21    ownership of or direct contractual relationship with the
22    lawful owner for the person to manage the commercial
23    property. "Management or operational control" does not
24    include engineering, security, elevator operating, or dock
25    or janitorial services performed by any person who is
26    retained exclusively to provide the services and who does

 

 

10000SB2073sam002- 3 -LRB100 06854 RLC 27314 a

1    not have overall management or operational control of the
2    building.
3        "Person" means a natural person, and only includes an
4    individual who had personal or professional management or
5    operational control of commercial real estate and who
6    directly exercised final decision-making authority to
7    create and conceal the dangerous condition causing death or
8    serious bodily injury.
9        "Serious bodily injury" means bodily injury that
10    results in a permanent disfigurement or permanent loss or
11    impairment of a bodily function, limb, or organ.
12    (b) A person commits first responder endangerment when he
13or she (1) knowingly creates a dangerous condition and (2)
14intentionally conceals the dangerous condition in a commercial
15property under his or her management or operational control and
16the dangerous condition is the primary cause of the death or
17serious bodily injury of a first responder in the course of his
18or her official duties.
19    (c) Sentence. First responder endangerment is a Class 4
20felony.".