Public Act 102-0990
 
SB1486 EnrolledLRB102 11264 RJF 16597 b



    AN ACT concerning State government.

 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: 




 
    Section 5. The Children and Family Services Act is amended  
by adding Section 21.6 as follows:
 
    (20 ILCS 505/21.6 new)
    Sec. 21.6. Front-line staff members; personal
protection 
spray devices.
    (a) As used in this Section:
    "Front-line staff member" or "staff member" means an 
individual who engages with families in their home settings. 
    "Personal protection spray device" means a commercially 
available dispensing device designed and intended for use in 
self-defense which is comprised of non-lethal Oleoresin 
Capsicum and is specifically approved by the Department in 
consultation with the Illinois State Police. 
    (b) A front-line staff member is
authorized to carry and 
use personal protection spray devices for self-defense

purposes while investigating a report of child abuse or

neglect if the front-line staff member has been trained
on the 
proper use of such personal protection spray devices by
the 
Department, in
consultation with the Illinois State Police. By 
January 1,
2023, the Department, in consultation with the 
Illinois State
Police, shall (i) identify a list of approved 
personal protection spray devices and (ii) jointly develop and 
approve a training curriculum and program for front-line staff 
members on the proper use of such personal protection spray 
devices for self-defense purposes. The Department shall

provide funding for the training program. 
    (c) Personal protection spray device use. A personal 
protection spray device may only be used if a front-line staff 
member: 
        (1) reasonably believes that use is necessary to 
    protect the staff member from an imminent physical assault 
    posed by another person;
        (2) uses the device to incapacitate a person 
    attempting a physical assault in order to avoid imminent 
    physical harm and to facilitate escape from danger when 
    there is no other alternative available to the staff 
    member;
        (3) uses a device approved by the Department, in 
    consultation with the Illinois State Police;
        (4) except in exigent circumstances, has issued a 
    verbal warning to persons in close proximity to the spray 
    area in accordance with the training jointly developed by 
    the Department, in
consultation with the Illinois State 
    Police;
        (5) does not intentionally spray any person other than 
    a person attempting to physically assault the front-line 
    staff member; and
        (6) has successfully completed training on how to use 
    the approved devices, de-escalation techniques, 
    pre-contact cues, and situation awareness.
    A front-line staff member's use of personal protection 
spray devices during the performance of his or her 
professional duties in any manner other than as expressly 
authorized under this Section shall be prohibited by 
Department policy. Whenever a front-line staff member 
discharges a personal protection spray device, the front-line 
staff member shall complete an incident report. 
    (d) Duty to seek medical care for bystanders. Following 
the discharge of a personal protection spray device that 
results in exposure, the front-line staff member shall notify 
his or her supervisor and, if appropriate, call 9-1-1 for 
emergency response or responders as soon as reasonably 
practical and when safe to do so. 
    (e) Reporting. Beginning January 1, 2024, and every 
January 1 thereafter, the Department shall post on its website 
a report containing the following information for the 
preceding calendar year: (i) the number of front-line staff 
members trained to carry personal protection spray devices; 
(ii) the number of front-line staff members who report 
carrying personal protection spray devices and the make or 
model of the devices; and (iii) the number of reported uses of 
personal protection spray devices by service region. In 
addition, the Department shall report each incident involving 
the deployment of a personal protection spray device that 
occurred during the preceding calendar year, including:
        (1) the estimated age, gender, and race of the 
    intended target of the personal protection spray device;
        (2) whether there were injuries to the intended target 
    resulting from the deployment of the personal protection 
    spray device;
        (3) the age, gender, and race of the front-line staff 
    member who utilized the personal protection spray device; 
    and
        (4) whether there were injuries to the front-line 
    staff member resulting from the incident.
    The Department shall also report yearly data on the number 
of personal protection spray device deployments found to be 
against Department policy. 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.

Effective Date:  5/27/2022