Rep. Tony McCombie

Filed: 3/21/2022





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2    AMENDMENT NO. ______. Amend Senate Bill 1486 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Children and Family Services Act is
5amended by adding Section 21.6 as follows:
6    (20 ILCS 505/21.6 new)
7    Sec. 21.6. Front-line staff members; personal protection
8spray devices.
9    (a) As used in this Section:
10    "Front-line staff member" or "staff member" means an
11individual who engages with families in their home settings.
12    "Personal protection spray device" means a commercially
13available dispensing device designed and intended for use in
14self-defense which is comprised of non-lethal Oleoresin
15Capsicum and is specifically approved by the Department in
16consultation with the Illinois State Police.



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1    (b) A front-line staff member is authorized to carry and
2use personal protection spray devices for self-defense
3purposes while investigating a report of child abuse or
4neglect if the front-line staff member has been trained on the
5proper use of such personal protection spray devices by the
6Illinois State Police. By January 1, 2023, the Department and
7the Illinois State Police shall (i) identify a list of
8approved personal protection spray devices and (ii) jointly
9develop and approve a training curriculum and program for
10front-line staff members on the proper use of such personal
11protection spray devices for self-defense purposes. The
12Department shall provide funding for the training program.
13    (c) Personal protection spray device use. A personal
14protection spray device may only be used if a front-line staff
16        (1) reasonably believes that use is necessary to
17    protect the staff member from an imminent physical assault
18    posed by another person;
19        (2) uses the device to incapacitate a person
20    attempting a physical assault in order to avoid imminent
21    physical harm and to facilitate escape from danger when
22    there is no other alternative available to the staff
23    member;
24        (3) uses a device approved by the Department in
25    consultation with the Illinois State Police;
26        (4) except in exigent circumstances, has issued a



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1    verbal warning to persons in close proximity to the spray
2    area in accordance with the training jointly developed by
3    the Department and the Illinois State Police;
4        (5) does not intentionally spray any person other than
5    a person attempting to physically assault the front-line
6    staff member; and
7        (6) has successfully completed training on how to use
8    the approved devices, de-escalation techniques,
9    pre-contact cues, and situation awareness.
10    A front-line staff member's use of personal protection
11spray devices during the performance of his or her
12professional duties in any manner other than as expressly
13authorized under this Section shall be prohibited by
14Department policy. Whenever a front-line staff member
15discharges a personal protection spray device, the front-line
16staff member shall complete an incident report.
17    (d) Duty to seek medical care for bystanders. Following
18the discharge of a personal protection spray device that
19results in exposure, the front-line staff member shall notify
20his or her supervisor and, if appropriate, call 9-1-1 for
21emergency response or responders as soon as reasonably
22practical and when safe to do so.
23    (e) Reporting. Beginning January 1, 2024, and every
24January 1 thereafter, the Department shall post on its website
25a report containing the following information for the
26preceding calendar year: (i) the number of front-line staff



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1members trained to carry personal protection spray devices;
2(ii) the number of front-line staff members reporting personal
3protection spray devices and the make or model of the devices;
4and (iii) the number of reported uses of personal protection
5spray devices by service region.
6    Section 99. Effective date. This Act takes effect upon
7becoming law.".