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

SB1486ham003 102ND GENERAL ASSEMBLY

Rep. Tony McCombie

Filed: 3/29/2022

 

 


 

 


 
10200SB1486ham003LRB102 11264 KTG 38234 a

1
AMENDMENT TO SENATE BILL 1486

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
6Department, in consultation with the Illinois State Police. By
7January 1, 2023, the Department, in consultation with the
8Illinois State Police, shall (i) identify a list of approved
9personal protection spray devices and (ii) jointly develop and
10approve a training curriculum and program for front-line staff
11members on the proper use of such personal protection spray
12devices for self-defense purposes. The Department shall
13provide funding for the training program.
14    (c) Personal protection spray device use. A personal
15protection spray device may only be used if a front-line staff
16member:
17        (1) reasonably believes that use is necessary to
18    protect the staff member from an imminent physical assault
19    posed by another person;
20        (2) uses the device to incapacitate a person
21    attempting a physical assault in order to avoid imminent
22    physical harm and to facilitate escape from danger when
23    there is no other alternative available to the staff
24    member;
25        (3) uses a device approved by the Department, in
26    consultation with the Illinois State Police;

 

 

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

 

 

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1a report containing the following information for the
2preceding calendar year: (i) the number of front-line staff
3members trained to carry personal protection spray devices;
4(ii) the number of front-line staff members who report
5carrying personal protection spray devices and the make or
6model of the devices; and (iii) the number of reported uses of
7personal protection spray devices by service region. In
8addition, the Department shall report each incident involving
9the deployment of a personal protection spray device that
10occurred during the preceding calendar year, including:
11        (1) the estimated age, gender, and race of the
12    intended target of the personal protection spray device;
13        (2) whether there were injuries to the intended target
14    resulting from the deployment of the personal protection
15    spray device;
16        (3) the age, gender, and race of the front-line staff
17    member who utilized the personal protection spray device;
18    and
19        (4) whether there were injuries to the front-line
20    staff member resulting from the incident.
21    The Department shall also report yearly data on the number
22of personal protection spray device deployments found to be
23against Department policy.
 
24    Section 99. Effective date. This Act takes effect upon
25becoming law.".