Bill Amendment: IL SB1486 | 2021-2022 | 102nd General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: DCFS-PERSONAL PROTECTION

Status: 2022-05-27 - Public Act . . . . . . . . . 102-0990 [SB1486 Detail]

Download: Illinois-2021-SB1486-House_Amendment_003.html

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Rep. Tony McCombie

Filed: 3/29/2022

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AMENDMENT TO SENATE BILL 1486
AMENDMENT NO. ______. Amend Senate Bill 1486 by replacing
everything after the enacting clause with the following:
"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.

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(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;

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(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

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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.".