Bill Text: IL HB5553 | 2025-2026 | 104th General Assembly | Introduced

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Bill Title: Creates the Building Remedies to End Abusive Tear Gas and Harmful Exposures Act. Establishes the Chemical Agent Review Board within the Department of Public Health, and sets forth the Board's membership and duties. Prohibits deployment or possession of lachrymatory agents in the State, except for limited purposes. Requires the Department to adopt rules for approval of pepper spray formulations, including safety standards, testing protocols, and restrictions on delivery mechanisms. Directs the Department to maintain a public database of approved formulations and adverse event reports. Provides for reporting of chemical irritant deployments other than for personal self-defense. Creates a private right of action and enforcement authority for the Attorney General and certain organizations, with remedies including damages, civil penalties, and injunctive relief. Establishes the Illinois Human Rights Enforcement Fund. Includes home rule limitation and severability provisions and transition and compliance periods. Amends the State Finance Act to make conforming changes. Effective immediately.

Sponsorship: Partisan Bill (Democrat 4)

Status: (Introduced - Dead) 2026-04-13 - Added Co-Sponsor Rep. Will Guzzardi [HB5553 Detail]

Download: Illinois-2025-HB5553-Introduced.html

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104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026HB5553 Introduced , by Rep. Edgar Gonz�lez, Jr. SYNOPSIS AS INTRODUCED:
New Act
30 ILCS 105/5.1038 new
Creates the Building Remedies to End Abusive Tear Gas and Harmful Exposures Act. Establishes the Chemical Agent Review Board within the Department of Public Health, and sets forth the Board's membership and duties. Prohibits deployment or possession of lachrymatory agents in the State, except for limited purposes. Requires the Department to adopt rules for approval of pepper spray formulations, including safety standards, testing protocols, and restrictions on delivery mechanisms. Directs the Department to maintain a public database of approved formulations and adverse event reports. Provides for reporting of chemical irritant deployments other than for personal self-defense. Creates a private right of action and enforcement authority for the Attorney General and certain organizations, with remedies including damages, civil penalties, and injunctive relief. Establishes the Illinois Human Rights Enforcement Fund. Includes home rule limitation and severability provisions and transition and compliance periods. Amends the State Finance Act to make conforming changes. Effective immediately.
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A BILL FOR
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AN ACT concerning safety.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Building Remedies to End Abusive Tear Gas and Harmful
Exposures Act.
Section 5. Findings; purpose.
(a) The General Assembly finds that:
(1) Illinois has a compelling interest in protecting
all persons within its territorial boundaries from
exposure to dangerous chemical agents that cause severe
pain, respiratory distress, permanent injury, and death.
(2) The deployment of chemical irritant agents,
including tear gas and pepper spray, poses serious public
health risks to Illinois residents and all persons present
in Illinois, particularly vulnerable populations,
including children, pregnant individuals, elderly persons,
and persons with pre-existing respiratory, cardiac, or
other medical conditions.
(3) Tear gas and other lachrymatory agents have been
associated with severe injuries including permanent
respiratory damage, miscarriages, vision impairment,
chemical burns, and death, and present unacceptable public

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health risks when deployed in populated areas or enclosed
spaces.
(4) Unregulated pepper spray formulations may contain
concentrations of active ingredients and additional
compounds that cause injuries far exceeding their intended
temporary incapacitating effect.
(5) Illinois law enforcement agencies have
demonstrated that tear gas is unnecessary for effective
crowd control and public safety operations. Public
reporting indicates that since 2021, the Chicago Police
Department has emphasized crowd-management strategies that
avoid tear gas and successfully managed major events,
including the 2024 Democratic National Convention, without
resorting to tear gas or other lachrymatory agents.
(b) The purposes of this Act are:
(1) to protect all persons in Illinois from serious
injury caused by dangerous chemical irritant agents;
(2) to establish science-based public health standards
for chemical irritant agents;
(3) to prohibit the deployment of tear gas and other
lachrymatory agents that pose unacceptable public health
risks;
(4) to ensure that pepper spray formulations used in
Illinois meet rigorous safety standards;
(5) to provide comprehensive remedies for persons
injured by prohibited or unapproved chemical agents; and

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(6) to ensure even enforcement of public health
protections on behalf of affected communities.
Section 10. Definitions. As used in this Act:
"Approved formulation" means a pepper spray or oleoresin
capsicum formulation that has received approval from the
Department under this Act and for which approval is current
and has not been suspended or revoked.
"Board" means the Chemical Agent Review Board established
under Section 15 of this Act.
"Capsaicinoid content" means the total concentration of
capsaicinoids, expressed as a percentage by weight, contained
in a chemical irritant agent.
"Chemical irritant agent" means any substance, compound,
or mixture designed, intended, or used to cause temporary or
permanent incapacitation, pain, irritation, disorientation, or
impairment through chemical action affecting the eyes,
respiratory system, skin, or nervous system.
"Chemical irritant agent" includes, without limitation:
(1) any lachrymatory agent;
(2) oleoresin capsicum, pepper spray, and any
capsaicinoid-based irritant; and
(3) any compound, mixture, or formulation marketed,
labeled, or commonly known as tear gas, pepper spray,
mace, or chemical agent.
"Chemical irritant agent" does not include common

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household products such as cleaning agents or personal care
products not specifically designed, marketed, or intended for
use as incapacitating agents.
"Deploy" means to release, discharge, dispense, spray,
apply, or cause to be released any chemical irritant agent, or
to use any device or mechanism to expose any person to a
chemical irritant agent.
"Deploy" includes both direct application to a person and
area dispersal that causes or is reasonably likely to cause
exposure to any person.
"Department" means the Department of Public Health.
"Interested party organization" means a not-for-profit
corporation, as defined by the General Not For Profit
Corporation Act of 1986, or a labor organization, as defined
by 29 U.S.C. 152(5), that:
(1) has as a significant part of its mission the
protection of civil rights, immigrant rights, civil
liberties, or public health;
(2) has provided services to or advocated on behalf of
communities in Illinois for at least one year before
bringing an action under this Act; and
(3) has members, clients, or constituents who reside
in or are present in this State.
"Lachrymatory agent" means any compound or substance
designed or intended to cause lacrimation, eye pain, temporary
blindness, or irritation of mucous membranes, and includes,

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without limitation, tear gas, ortho-chlorobenzylidene
malononitrile, chloroacetophenone, dibenzoxazepine, and any
similar compound.
"Person" means any individual, corporation, partnership,
association, governmental entity or agency, or any other legal
entity.
Section 15. Chemical Agent Review Board.
(a) The Department shall establish the Chemical Agent
Review Board within 90 days after the effective date of this
Act. The Board shall consist of 11 members appointed by the
Director of Public Health as follows:
(1) two members who are physicians licensed under the
Medical Practice Act of 1987, at least one of whom has
expertise in emergency medicine and at least one of whom
has expertise in pulmonology or toxicology;
(2) one member who is a toxicologist with expertise in
chemical exposure and public health employed by an
academic institution or research organization;
(3) one member who is a chemist with expertise in
analytical chemistry or chemical safety employed by an
academic institution or research organization;
(4) one member who is an attorney with expertise in
civil rights, constitutional law, or tort law;
(5) three members who represent community
organizations focused on immigrant rights, police

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accountability, civil liberties, or public health
advocacy;
(6) one member who represents a municipal law
enforcement agency in Illinois; and
(7) two members of the public who have no financial
interest in the manufacture, sale, distribution, or use of
chemical irritant agents.
(b) In appointing members under paragraphs (5) and (7) of
subsection (a), the Director shall prioritize individuals with
expertise in or experience with communities disproportionately
affected by chemical irritant agent deployments.
(c) Members shall serve 3-year terms and may be
reappointed for one additional term. Initial appointments
shall be staggered so that approximately one-third of members'
terms expire each year. The Director shall designate a
chairperson from among the Board members.
(d) Board members shall receive no compensation but shall
be reimbursed for reasonable travel expenses and other
expenses necessarily incurred in the performance of their
duties.
(e) The Board shall meet at least quarterly and at
additional times the chairperson deems necessary. Six members
shall constitute a quorum.
(f) The Board shall advise the Department on:
(1) scientific and medical criteria for evaluating
pepper spray formulations;

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(2) testing protocols and evidentiary standards for
approval;
(3) ongoing monitoring of adverse health effects
associated with approved formulations;
(4) review of new peer-reviewed scientific evidence
regarding chemical irritant agents;
(5) recommendations for revision of standards and
rules; and
(6) public health impacts of chemical irritant agent
deployments in Illinois.
(g) The Department shall provide adequate administrative
and technical support for the Board, including staff, meeting
space, and resources necessary to fulfill the Board's duties.
(h) All meetings of the Board shall be open to the public
under the Open Meetings Act, except that the Board may meet in
closed session to discuss pending litigation or proprietary
information as permitted by law.
Section 20. Prohibition on lachrymatory agents.
(a) Except as provided in subsection (c), no person shall
deploy any lachrymatory agent in this State.
(b) Except as provided in subsection (c), no person shall
possess any lachrymatory agent in this State for the purpose
of deploying the agent in this State.
(c) This Section does not apply:
(1) if the possession or transportation of the

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lachrymatory agent is in the course of interstate commerce
and the agent is not deployed in this State;
(2) to possession by manufacturers, distributors, or
retailers in sealed containers in the ordinary course of
business, if the persons do not sell, transfer, or provide
lachrymatory agents to any person for use in this State;
or
(3) to possession of commercially available personal
defense devices containing lachrymatory agents in
quantities of less than 2 ounces for personal
self-defense, if the lachrymatory agents are not deployed
except in lawful self-defense.
(d) The prohibitions in this Section apply to all persons
operating within or causing injury in this State.
Section 25. Department rulemaking for pepper spray
approval.
(a) Within 180 days after the effective date of this Act,
the Department shall adopt rules, in consultation with the
Board, establishing comprehensive standards for the approval
of pepper spray and oleoresin capsicum formulations. The rules
shall establish:
(1) the maximum permissible capsaicinoid content,
which shall not exceed 1.3% by weight unless an applicant
demonstrates by clear and convincing peer-reviewed
scientific evidence that a higher concentration is

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necessary for legitimate law enforcement purposes and does
not present unacceptable health risks to the general
population or to vulnerable subpopulations;
(2) prohibited compounds, additives, propellants, and
carriers, including:
(A) UV marking dyes or any substance designed to
permanently mark or identify exposed individuals;
(B) any compound identified by the International
Agency for Research on Cancer, the National Toxicology
Program, or other recognized scientific authorities as
a known or probable human carcinogen;
(C) any compound identified by recognized
scientific or medical authorities as neurotoxic,
mutagenic, or a reproductive toxin;
(D) any propellant or carrier that independently
causes respiratory distress, chemical burns, or other
injury beyond the intended temporary incapacitating
effect of capsaicinoids; and
(E) any compound that impedes or delays
decontamination;
(3) mandatory testing protocols that applicants must
complete using protocols approved by the Department,
including:
(A) testing on the effects on individuals with
asthma, chronic obstructive pulmonary disease, and
other respiratory conditions;

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(B) testing on the effects on individuals with
cardiovascular disease;
(C) testing on pregnant subjects or, if such
testing is ethically prohibited, peer-reviewed
literature review and risk assessment regarding
effects on pregnant individuals and fetal development;
(D) assessment of long-term health consequences of
single and repeated exposure;
(E) testing regarding interactions with commonly
prescribed medications, including, but not limited to,
anticoagulants, bronchodilators, and cardiac
medications;
(F) testing regarding efficacy and safety of
decontamination procedures;
(G) environmental persistence and contamination
studies;
(H) testing regarding effects on children, elderly
persons, and persons with compromised immune systems;
and
(I) any other testing the Department determines is
necessary to assess public health risks;
(4) restrictions on delivery mechanisms that:
(A) permit only targeted stream delivery
mechanisms designed to affect a single individual;
(B) prohibit area dispersal systems, foggers,
aerosol clouds, and any delivery mechanism designed or

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reasonably likely to expose multiple persons
simultaneously;
(C) prohibit any delivery mechanism that results
in environmental contamination affecting persons not
directly targeted; and
(D) establish maximum discharge volume and
duration standards;
(5) application procedures, including required
documentation, testing data, chemical composition
disclosure, and certification by a qualified toxicologist;
(6) application fees, which shall not exceed the
Department's reasonable costs of review and shall not
create a barrier to smaller manufacturers seeking
approval;
(7) timelines for Department review, which shall not
exceed 180 days from receipt of a complete application;
(8) standards for approval, conditional approval, or
denial, which shall prioritize public health protection;
(9) requirements for annual recertification, including
submission of any new safety data and reports of adverse
events;
(10) procedures for immediate suspension of approval
upon evidence of serious adverse health effects not
disclosed or anticipated at the time of approval; and
(11) public access to information regarding approved
formulations, including a requirement that the Department

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maintain a publicly accessible database containing
chemical composition, testing data, adverse event reports,
and approval status, subject to applicable trade secret
protections that do not impair public health and safety.
(b) In adopting rules under this Section, the Department
shall prioritize the protection of public health and shall
interpret any ambiguity in favor of greater protection for
vulnerable populations.
(c) The Department may deny approval to any formulation if
the applicant fails to provide adequate testing data, if the
formulation presents unacceptable health risks, or if approval
would be contrary to the purposes of this Act.
Section 30. Approved formulations database.
(a) The Department shall establish and maintain a publicly
accessible online database, updated within 5 business days of
any change, that lists:
(1) all approved pepper spray formulations, identified
by manufacturer name, product name or designation, and a
unique approval number assigned by the Department;
(2) the capsaicinoid content and other active
ingredients in each approved formulation;
(3) the approval date and expiration date for each
approval;
(4) a summary of testing data supporting approval,
including key findings regarding safety;

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(5) any conditions, limitations, or restrictions on
the approval;
(6) the status of each approval, including whether the
approval is current, expired, suspended, or revoked; and
(7) a summary of any adverse event reports received
regarding each approved formulation.
(b) The database shall be searchable by manufacturer,
product name, approval number, and approval status.
(c) Information in the database is public information,
except as provided under this subsection. The Department may
withhold specific manufacturing process information that
constitutes a trade secret under the Illinois Trade Secrets
Act, except that no information may be withheld if disclosure
is necessary to protect public health and safety or to enable
enforcement of this Act.
Section 35. Prohibition on deployment of unapproved pepper
spray.
(a) Beginning one year after the effective date of this
Act, no person shall deploy any pepper spray, oleoresin
capsicum spray, or other capsaicinoid-based chemical irritant
agent in this State unless the specific formulation has been
approved by the Department under this Act and the approval for
the formulation is current and has not been suspended or
revoked.
(b) Any person who deploys pepper spray in this State is

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responsible for ensuring that the formulation deployed is an
approved formulation.
(c) The prohibitions in this Section apply to all persons
operating within or causing injury in this State.
(d) This Section does not apply to:
(1) possession or use of pepper spray by private
individuals in quantities of 2 ounces or less for personal
self-defense purposes only, if the use is otherwise lawful
and not in connection with employment or official duties;
or
(2) possession by manufacturers, distributors, or
retailers in sealed containers in the ordinary course of
business, provided that the persons do not sell, transfer,
or provide unapproved formulations to any person for use
in this State.
Section 40. Private right of action.
(a) Any person who suffers injury in this State, including
physical injury, respiratory distress, pain and suffering,
emotional distress, or property damage, as a result of
deployment of a chemical irritant agent in violation of
Section 20 or 35 may bring a civil action for damages and
injunctive relief in any court of competent jurisdiction in
this State.
(b) An action under this Section may be brought against:
(1) any person who deployed the prohibited or

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unapproved chemical irritant agent;
(2) any person who ordered, directed, or authorized
the deployment of the prohibited or unapproved chemical
irritant agent;
(3) any agency, entity, or organization whose
employee, agent, or contractor deployed the prohibited or
unapproved chemical irritant agent while acting within the
scope of employment or agency; or
(4) any person who provided the prohibited or
unapproved chemical irritant agent to another person
knowing or having reason to know it would be deployed in
this State.
(c) Notwithstanding Section 2-1117 of the Code of Civil
Procedure, defendants found liable under this Section are
jointly and severally liable for all damages awarded. The
trier of fact shall apportion fault among the plaintiff and
all defendants for purposes of contribution, but apportionment
does not limit the plaintiff's right to collect the full
amount of the judgment from any defendant.
(d) In any action under this Section:
(1) The plaintiff need not prove intent, negligence,
or any culpable mental state. Deployment of a prohibited
or unapproved chemical irritant agent that causes injury
is a strict liability tort under this State's law.
(2) The affirmative defense of qualified immunity or
any similar immunity defense based on official capacity or

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discretionary function is not available to any defendant.
(3) The plaintiff may recover:
(A) all actual damages, including medical
expenses, lost wages, pain and suffering, and
emotional distress;
(B) statutory damages of not less than $5,000 per
violation; each deployment that causes injury to a
plaintiff shall constitute a separate violation; if a
single deployment causes injury to a plaintiff on
multiple occasions or results in multiple distinct
injuries, each such occasion or injury may constitute
a separate violation;
(C) punitive damages, notwithstanding the
provisions of Section 2-102 of the Local Governmental
and Governmental Employees Tort Immunity Act, if the
defendant acted with reckless disregard for the safety
of others or with knowledge that the chemical irritant
agent was prohibited or unapproved;
(D) reasonable attorney's fees and costs,
including expert witness fees; and
(E) injunctive relief prohibiting future
violations.
(4) Causation is established if deployment of the
prohibited or unapproved agent was a contributing factor
in causing the plaintiff's injury. The plaintiff need not
prove that the prohibited or unapproved nature of the

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agent was the sole or primary cause of injury.
(e) The statute of limitations for actions under this
Section shall be 2 years from the date of injury, or 2 years
from the date the plaintiff discovers or reasonably should
have discovered that the injury was caused by a prohibited or
unapproved chemical irritant agent, whichever is later, but in
no event more than 5 years from the date of deployment.
(f) Venue for actions under this Act shall be proper in any
county where:
(1) the deployment occurred;
(2) the injury occurred;
(3) the plaintiff resides; or
(4) any defendant resides or maintains a principal
place of business.
(g) Nothing in this Section shall be construed to modify
or limit defenses or immunities available under the Local
Governmental and Governmental Employees Tort Immunity Act,
except as expressly provided in subparagraph (C) of paragraph
(3) of subsection (d) of this Section.
Section 45. Interested party organization standing and
enforcement actions.
(a) Upon a reasonable belief that any person or entity is
in violation of Section 20 or 35, an interested party
organization may bring a civil action in the county where the
alleged violation occurred or where any party to the action

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resides, in the name of the State or for the benefit of any
impacted persons.
(1) No later than 30 days after filing an action, the
interested party organization shall serve upon the State
through the Attorney General a copy of the complaint and
written disclosure of substantially all material evidence
and information the interested party organization
possesses.
(2) The State may elect to intervene and proceed with
the action no later than 60 days after it receives both the
complaint and the material evidence and information. The
State may, for good cause shown, move the court for an
extension of the time to intervene and proceed with the
action.
(3) Before the expiration of the 60-day period or any
extensions under paragraph (2), the State shall:
(A) proceed with the action, in which case the
action shall be conducted by the State; or
(B) notify the court that it declines to take the
action, in which case the interested party
organization bringing the action shall have the right
to conduct the action.
(4) When the State conducts the action, the interested
party organization shall have the right to continue as a
party to the action subject to the following limitations:
(A) the State may dismiss the action

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notwithstanding the objections of the interested party
organization initiating the action if the interested
party organization has been notified by the State of
the filing of the motion and the court has provided the
interested party organization with an opportunity for
a hearing on the motion; and
(B) the State may settle the action with the
defendant notwithstanding the objections of the
interested party organization initiating the action if
the court determines, after a hearing, that the
proposed settlement is fair, adequate, and reasonable
under all the circumstances.
(5) If an interested party organization brings an
action under this Section, no person other than the State
may intervene or bring a related action on behalf of the
State based on the facts underlying the pending action.
(6) An action brought in court by an interested party
organization under this Section may be dismissed only if
the court and the Office of the Attorney General give
written consent to the dismissal and their reasons for
consenting.
(b) Any claim or action filed by an interested party
organization under this Section shall be made no later than 3
years after the alleged conduct resulting in the complaint,
plus any period for which the limitations period has been
tolled.

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(c) In an action brought by an interested party
organization under this Section, an interested party
organization may seek the following relief:
(1) temporary, preliminary, or permanent injunctive
relief prohibiting violations of this Act;
(2) declaratory relief;
(3) civil penalties of not less than $10,000 per
violation.
For purposes of paragraph (3) of this subsection (c), each
deployment of a prohibited or unapproved chemical irritant
agent constitutes a separate violation. If a defendant has
engaged in a pattern and practice of violations, the court may
award enhanced civil penalties of up to $50,000 per violation.
(d) An interested party organization that prevails in a
civil action under this Section shall receive:
(1) 20% of any civil penalties assessed, to be used
for enforcement activities, community education regarding
rights under this Act, and provision of services to
affected communities; and
(2) reasonable attorney's fees and costs, including
expert witness fees.
(e) The remaining 80% of any civil penalties assessed
under this Section shall be deposited into the Illinois Human
Rights Enforcement Fund established in subsection (c) of
Section 50 of this Act.
(f) An interested party organization may recover for a

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violation of this Act under this Section at the interested
party organization's option, but may not recover under more
than one Section. An interested party organization's action
under this Section does not preclude any individual from
bringing a private action under Section 40 of this Act.
(g) Venue for actions under this Section shall be proper
in any county where:
(1) a violation occurred;
(2) the interested party organization maintains an
office; or
(3) any defendant resides or maintains a principal
place of business.
Section 50. Attorney General enforcement and Illinois
Human Rights Enforcement Fund.
(a) The Attorney General may bring a civil action to
enforce this Act pursuant to the authority conferred by
Section 6.3 of the Attorney General Act, including actions for
injunctive relief, civil penalties, and restitution to
affected persons.
(b) In an action brought by the Attorney General under
this Section, the court may award:
(1) temporary, preliminary, or permanent injunctive
relief prohibiting violations of this Act;
(2) declaratory relief;
(3) civil penalties of not less than $10,000 per

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violation;
(4) restitution to persons injured by violations of
this Act; and
(5) reasonable costs of investigation and litigation.
For purposes of paragraph (3) of this subsection (b), each
deployment of a prohibited or unapproved chemical irritant
agent constitutes a separate violation. If a defendant has
engaged in a pattern and practice of violations, the court may
award enhanced civil penalties of up to $50,000 per violation.
(c) The Illinois Human Rights Enforcement Fund is created
as a special fund in the State treasury. Civil penalties
recovered by the Attorney General under this Section and civil
penalties deposited under Section 45 shall be deposited into
the Illinois Human Rights Enforcement Fund.
(d) Moneys in the Illinois Human Rights Enforcement Fund
shall be used, subject to appropriation, for the following
purposes:
(1) investigation and prosecution of violations of
civil rights, human rights, and constitutional
protections, including, but not limited to, protections
under the Illinois Constitution, the Illinois Human Rights
Act, this Act, and any other statute or common law
doctrine protecting individual rights and dignity;
(2) restitution to persons injured by violations of
civil rights, human rights, and constitutional
protections, including, but not limited to, protections

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under the Illinois Constitution, the Illinois Human Rights
Act, this Act, and any other statute or common law
doctrine protecting individual rights and dignity;
(3) public education regarding civil rights, human
rights, and constitutional protections, including, but not
limited to, protections under the Illinois Constitution,
the Illinois Human Rights Act, this Act, and any other
statute or common law doctrine protecting individual
rights and dignity;
(4) grants to community-based organizations for legal
assistance, advocacy, and education related to civil
rights, human rights, and constitutional protections,
including, but not limited to, protections under the
Illinois Constitution, the Illinois Human Rights Act, this
Act, and any other statute or common law doctrine
protecting individual rights and dignity; and
(5) support for medical treatment, mental health
counseling, and other services for persons injured by
violations of civil rights, human rights, and
constitutional protections, including, but not limited to,
protections under the Illinois Constitution, the Illinois
Human Rights Act, this Act, and any other statute or
common law doctrine protecting individual rights and
dignity.
(e) Actions brought by the Attorney General under this
Section do not preclude private actions under Section 40 or

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interested party organization actions under Section 45 of this
Act.
(f) Venue for actions under this Section shall be proper
in any county where a violation occurred or where any
defendant resides or maintains a principal place of business.
Section 55. Reporting requirements.
(a) Any person who deploys a chemical irritant agent in
this State, other than for personal self-defense as permitted
under this Act, shall report the deployment to the Department
within 48 hours. The report shall include:
(1) the date, time, and location of the deployment;
(2) the chemical irritant agent used, including
manufacturer and product identification;
(3) the circumstances necessitating deployment;
(4) the number of persons estimated to have been
exposed;
(5) any known injuries resulting from the deployment;
and
(6) the name and contact information of the person
making the report.
(b) The Department shall maintain a public database of all
deployment reports received under this Section, updated
monthly. The database shall exclude personal identifying
information of individuals exposed but shall include aggregate
data on deployments, injuries, and agents used.

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(c) Failure to report as required by this Section does not
affect civil liability under Sections 40 and 45 of this Act but
may be considered by a court as evidence of recklessness or
disregard for public safety.
(d) A report submitted under this Section is inadmissible
against the reporting individual in any criminal proceeding,
except in a prosecution for perjury or false statements made
in the report.
Section 60. Home rule. The regulation and certification of
chemical irritant agents and the creation of civil remedies
for injuries arising from their deployment are exclusive
powers and functions of the State. A home rule unit may not
regulate or certify chemical irritant agents or create or
alter civil remedies for injuries arising from their
deployment. This Section is a denial and limitation of home
rule powers and functions under subsection (h) of Section 6 of
Article VII of the Illinois Constitution.
Section 65. Transition; compliance period.
(a) The prohibitions under Section 20 concerning
lachrymatory agents apply beginning 180 days after the
effective date of this Act.
(b) The prohibitions under Section 35 concerning
unapproved pepper spray formulations apply beginning one year
after the effective date of this Act.

HB5553 - 26 - LRB104 19204 BDA 34222 b
(c) The civil liability provisions under Sections 40 and
45 apply to all violations occurring on or after the dates
specified in subsections (a) and (b).
(d) Nothing in this Act affects civil liability under
common law or other statutory law for deployments occurring
before the applicable dates under this Section.
Section 90. The State Finance Act is amended by adding
Section 5.1038 as follows:
(30 ILCS 105/5.1038 new)
Sec. 5.1038. The Illinois Human Rights Enforcement Fund.
Section 97. Severability. The provisions of this Act are
severable under Section 1.31 of the Statute on Statutes.
Section 99. Effective date. This Act takes effect upon
becoming law.