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HB2401 - 104th General Assembly

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB2401

Introduced 2/4/2025, by Rep. Michael J. Kelly

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.
LRB104 10264 RLC 20338 b

A BILL FOR

HB2401
LRB104 10264 RLC 20338 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) 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

HB2401
- 2 -
LRB104 10264 RLC 20338 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.

HB2401
- 3 -
LRB104 10264 RLC 20338 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
5
or she (1) knowingly creates a dangerous condition and (2)
6
intentionally conceals the dangerous condition in a commercial
7
property under his or her management or operational control
8
and the dangerous condition is the primary cause of the death
9
or serious bodily injury of a first responder in the course of
10
his or her official duties.
11

(c) Sentence. First responder endangerment is a Class 4
12
felony.

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