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| Public Act 102-0990 | ||||
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AN ACT concerning State government.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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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
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purposes while investigating a report of child abuse or
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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
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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. | ||