Illinois 2023-2024 Regular Session

Illinois House Bill HB3777 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3777 Introduced , by Rep. Frances Ann Hurley SYNOPSIS AS INTRODUCED: 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 A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3777 Introduced , by Rep. Frances Ann Hurley SYNOPSIS AS INTRODUCED: 720 ILCS 5/12-5.1b new 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 LRB103 29680 RLC 56083 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3777 Introduced , by Rep. Frances Ann Hurley SYNOPSIS AS INTRODUCED:
3	3	720 ILCS 5/12-5.1b new 720 ILCS 5/12-5.1b new
4	4	720 ILCS 5/12-5.1b new
5	5	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.
6	6	LRB103 29680 RLC 56083 b LRB103 29680 RLC 56083 b
7	7	LRB103 29680 RLC 56083 b
8	8	A BILL FOR
9	9	HB3777LRB103 29680 RLC 56083 b HB3777 LRB103 29680 RLC 56083 b
10	10	HB3777 LRB103 29680 RLC 56083 b
11	11	1 AN ACT concerning criminal law.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 1. This Act may be referred to as the Daniel
15	15	5 Capuano Memorial Act.
16	16	6 Section 5. The Criminal Code of 2012 is amended by adding
17	17	7 Section 12-5.1b as follows:
18	18	8 (720 ILCS 5/12-5.1b new)
19	19	9 Sec. 12-5.1b. First responder endangerment.
20	20	10 (a) In this Section:
21	21	11 "Commercial property" means developed real property
22	22	12 used exclusively for business purposes, including
23	23	13 non-residential spaces in mixed-use property, and does not
24	24	14 include residential or multi-family real property.
25	25	15 "Dangerous condition" means a patently obvious
26	26	16 condition of a life-threatening nature that results from
27	27	17 structural or architectural work done without first
28	28	18 submitting for a permit, or from a building code violation
29	29	19 of which the person received actual notice from the code
30	30	20 compliance official and failed to take corrective action
31	31	21 within the time period specified by the code compliance
32	32	22 official. "Dangerous condition" does not include actions
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36	36	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3777 Introduced , by Rep. Frances Ann Hurley SYNOPSIS AS INTRODUCED:
37	37	720 ILCS 5/12-5.1b new 720 ILCS 5/12-5.1b new
38	38	720 ILCS 5/12-5.1b new
39	39	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.
40	40	LRB103 29680 RLC 56083 b LRB103 29680 RLC 56083 b
41	41	LRB103 29680 RLC 56083 b
42	42	A BILL FOR
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48	48	720 ILCS 5/12-5.1b new
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67	67	1 undertaken without a permit to address or remediate a
68	68	2 situation or condition that presents a clear and present
69	69	3 threat to safety or to the integrity of the building.
70	70	4 "Dangerous condition" does not include any failure by a
71	71	5 governmental entity to make capital improvements or fund
72	72	6 repairs that are not supported by an appropriation or
73	73	7 budget enacted or adopted specifically for the property.
74	74	8 "First responder" means emergency medical services
75	75	9 personnel as defined in Section 3.5 of the Emergency
76	76	10 Medical Services (EMS) Systems Act, a law enforcement
77	77	11 officer, or firefighter.
78	78	12 "Management or operational control" means the lawful
79	79	13 ownership of or direct contractual relationship with the
80	80	14 lawful owner for the person to manage the commercial
81	81	15 property. "Management or operational control" does not
82	82	16 include engineering, security, elevator operating, or dock
83	83	17 or janitorial services performed by any person who is
84	84	18 retained exclusively to provide the services and who does
85	85	19 not have overall management or operational control of the
86	86	20 building.
87	87	21 "Person" means a natural person, and only includes an
88	88	22 individual who had personal or professional management or
89	89	23 operational control of commercial real estate and who
90	90	24 directly exercised final decision-making authority to
91	91	25 create and conceal the dangerous condition causing death
92	92	26 or serious bodily injury.
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103	103	1 "Serious bodily injury" means bodily injury that
104	104	2 results in a permanent disfigurement or permanent loss or
105	105	3 impairment of a bodily function, limb, or organ.
106	106	4 (b) A person commits first responder endangerment when he
107	107	5 or she (1) knowingly creates a dangerous condition and (2)
108	108	6 intentionally conceals the dangerous condition in a commercial
109	109	7 property under his or her management or operational control
110	110	8 and the dangerous condition is the primary cause of the death
111	111	9 or serious bodily injury of a first responder in the course of
112	112	10 his or her official duties.
113	113	11 (c) Sentence. First responder endangerment is a Class 4
114	114	12 felony.
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120	120	HB3777 - 3 - LRB103 29680 RLC 56083 b