Illinois General Assembly - Full Text of SB1486
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Full Text of SB1486  102nd General Assembly



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1    AN ACT concerning State government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Children and Family Services Act is amended
5by 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.
17    (b) A front-line staff member is authorized to carry and
18use personal protection spray devices for self-defense
19purposes while investigating a report of child abuse or
20neglect if the front-line staff member has been trained on the
21proper use of such personal protection spray devices by the
22Department, in consultation with the Illinois State Police. By
23January 1, 2023, the Department, in consultation with the



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1Illinois State Police, shall (i) identify a list of approved
2personal protection spray devices and (ii) jointly develop and
3approve a training curriculum and program for front-line staff
4members on the proper use of such personal protection spray
5devices for self-defense purposes. The Department shall
6provide funding for the training program.
7    (c) Personal protection spray device use. A personal
8protection spray device may only be used if a front-line staff
10        (1) reasonably believes that use is necessary to
11    protect the staff member from an imminent physical assault
12    posed by another person;
13        (2) uses the device to incapacitate a person
14    attempting a physical assault in order to avoid imminent
15    physical harm and to facilitate escape from danger when
16    there is no other alternative available to the staff
17    member;
18        (3) uses a device approved by the Department, in
19    consultation with the Illinois State Police;
20        (4) except in exigent circumstances, has issued a
21    verbal warning to persons in close proximity to the spray
22    area in accordance with the training jointly developed by
23    the Department, in consultation with the Illinois State
24    Police;
25        (5) does not intentionally spray any person other than
26    a person attempting to physically assault the front-line



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1    staff member; and
2        (6) has successfully completed training on how to use
3    the approved devices, de-escalation techniques,
4    pre-contact cues, and situation awareness.
5    A front-line staff member's use of personal protection
6spray devices during the performance of his or her
7professional duties in any manner other than as expressly
8authorized under this Section shall be prohibited by
9Department policy. Whenever a front-line staff member
10discharges a personal protection spray device, the front-line
11staff member shall complete an incident report.
12    (d) Duty to seek medical care for bystanders. Following
13the discharge of a personal protection spray device that
14results in exposure, the front-line staff member shall notify
15his or her supervisor and, if appropriate, call 9-1-1 for
16emergency response or responders as soon as reasonably
17practical and when safe to do so.
18    (e) Reporting. Beginning January 1, 2024, and every
19January 1 thereafter, the Department shall post on its website
20a report containing the following information for the
21preceding calendar year: (i) the number of front-line staff
22members trained to carry personal protection spray devices;
23(ii) the number of front-line staff members who report
24carrying personal protection spray devices and the make or
25model of the devices; and (iii) the number of reported uses of
26personal protection spray devices by service region. In



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1addition, the Department shall report each incident involving
2the deployment of a personal protection spray device that
3occurred during the preceding calendar year, including:
4        (1) the estimated age, gender, and race of the
5    intended target of the personal protection spray device;
6        (2) whether there were injuries to the intended target
7    resulting from the deployment of the personal protection
8    spray device;
9        (3) the age, gender, and race of the front-line staff
10    member who utilized the personal protection spray device;
11    and
12        (4) whether there were injuries to the front-line
13    staff member resulting from the incident.
14    The Department shall also report yearly data on the number
15of personal protection spray device deployments found to be
16against Department policy.
17    Section 99. Effective date. This Act takes effect upon
18becoming law.