END TEAR GAS EXPOSURES ACT

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB4045

Introduced 2/6/2026, by Sen. Robert Peters

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.
LRB104 20770 BDA 34276 b

A BILL FOR

SB4045
LRB104 20770 BDA 34276 b
1

AN ACT concerning safety.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 1.
Short title.
This Act may be cited as the
5
Building Remedies to End Abusive Tear Gas and Harmful
6
Exposures Act.

7

Section 5.
Findings; purpose.
8

(a) The General Assembly finds that:
9

(1) Illinois has a compelling interest in protecting
10

all persons within its territorial boundaries from
11

exposure to dangerous chemical agents that cause severe
12

pain, respiratory distress, permanent injury, and death.
13

(2) The deployment of chemical irritant agents,
14

including tear gas and pepper spray, poses serious public
15

health risks to Illinois residents and all persons present
16

in Illinois, particularly vulnerable populations,
17

including children, pregnant individuals, elderly persons,
18

and persons with pre-existing respiratory, cardiac, or
19

other medical conditions.
20

(3) Tear gas and other lachrymatory agents have been
21

associated with severe injuries including permanent
22

respiratory damage, miscarriages, vision impairment,
23

chemical burns, and death, and present unacceptable public

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1

health risks when deployed in populated areas or enclosed
2

spaces.
3

(4) Unregulated pepper spray formulations may contain
4

concentrations of active ingredients and additional
5

compounds that cause injuries far exceeding their intended
6

temporary incapacitating effect.
7

(5) Illinois law enforcement agencies have
8

demonstrated that tear gas is unnecessary for effective
9

crowd control and public safety operations. Public
10

reporting indicates that since 2021, the Chicago Police
11

Department has emphasized crowd-management strategies that
12

avoid tear gas and successfully managed major events,
13

including the 2024 Democratic National Convention, without
14

resorting to tear gas or other lachrymatory agents.
15

(b) The purposes of this Act are:
16

(1) to protect all persons in Illinois from serious
17

injury caused by dangerous chemical irritant agents;
18

(2) to establish science-based public health standards
19

for chemical irritant agents;
20

(3) to prohibit the deployment of tear gas and other
21

lachrymatory agents that pose unacceptable public health
22

risks;
23

(4) to ensure that pepper spray formulations used in
24

Illinois meet rigorous safety standards;
25

(5) to provide comprehensive remedies for persons
26

injured by prohibited or unapproved chemical agents; and

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(6) to ensure even enforcement of public health
2

protections on behalf of affected communities.

3

Section 10.
Definitions.
As used in this Act:
4

"Approved formulation" means a pepper spray or oleoresin
5
capsicum formulation that has received approval from the
6
Department under this Act and for which approval is current
7
and has not been suspended or revoked.
8

"Board" means the Chemical Agent Review Board established
9
under Section 15 of this Act.
10

"Capsaicinoid content" means the total concentration of
11
capsaicinoids, expressed as a percentage by weight, contained
12
in a chemical irritant agent.
13

"Chemical irritant agent" means any substance, compound,
14
or mixture designed, intended, or used to cause temporary or
15
permanent incapacitation, pain, irritation, disorientation, or
16
impairment through chemical action affecting the eyes,
17
respiratory system, skin, or nervous system.
18

"Chemical irritant agent" includes, without limitation:
19

(1) any lachrymatory agent;
20

(2) oleoresin capsicum, pepper spray, and any
21

capsaicinoid-based irritant; and
22

(3) any compound, mixture, or formulation marketed,
23

labeled, or commonly known as tear gas, pepper spray,
24

mace, or chemical agent.
25

"Chemical irritant agent" does not include common

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1
household products such as cleaning agents or personal care
2
products not specifically designed, marketed, or intended for
3
use as incapacitating agents.
4

"Deploy" means to release, discharge, dispense, spray,
5
apply, or cause to be released any chemical irritant agent, or
6
to use any device or mechanism to expose any person to a
7
chemical irritant agent.
8

"Deploy" includes both direct application to a person and
9
area dispersal that causes or is reasonably likely to cause
10
exposure to any person.
11

"Department" means the Department of Public Health.
12

"Interested party organization" means a not-for-profit
13
corporation, as defined by the General Not For Profit
14
Corporation Act of 1986, or a labor organization, as defined
15
by 29 U.S.C. 152(5), that:
16

(1) has as a significant part of its mission the
17

protection of civil rights, immigrant rights, civil
18

liberties, or public health;
19

(2) has provided services to or advocated on behalf of
20

communities in Illinois for at least one year before
21

bringing an action under this Act; and
22

(3) has members, clients, or constituents who reside
23

in or are present in this State.
24

"Lachrymatory agent" means any compound or substance
25
designed or intended to cause lacrimation, eye pain, temporary
26
blindness, or irritation of mucous membranes, and includes,

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1
without limitation, tear gas, ortho-chlorobenzylidene
2
malononitrile, chloroacetophenone, dibenzoxazepine, and any
3
similar compound.
4

"Person" means any individual, corporation, partnership,
5
association, governmental entity or agency, or any other legal
6
entity.

7

Section 15.
Chemical Agent Review Board.
8

(a) The Department shall establish the Chemical Agent
9
Review Board within 90 days after the effective date of this
10
Act. The Board shall consist of 11 members appointed by the
11
Director of Public Health as follows:
12

(1) two members who are physicians licensed under the
13

Medical Practice Act of 1987, at least one of whom has
14

expertise in emergency medicine and at least one of whom
15

has expertise in pulmonology or toxicology;
16

(2) one member who is a toxicologist with expertise in
17

chemical exposure and public health employed by an
18

academic institution or research organization;
19

(3) one member who is a chemist with expertise in
20

analytical chemistry or chemical safety employed by an
21

academic institution or research organization;
22

(4) one member who is an attorney with expertise in
23

civil rights, constitutional law, or tort law;
24

(5) three members who represent community
25

organizations focused on immigrant rights, police

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accountability, civil liberties, or public health
2

advocacy;
3

(6) one member who represents a municipal law
4

enforcement agency in Illinois; and
5

(7) two members of the public who have no financial
6

interest in the manufacture, sale, distribution, or use of
7

chemical irritant agents.
8

(b) In appointing members under paragraphs (5) and (7) of
9
subsection (a), the Director shall prioritize individuals with
10
expertise in or experience with communities disproportionately
11
affected by chemical irritant agent deployments.
12

(c) Members shall serve 3-year terms and may be
13
reappointed for one additional term. Initial appointments
14
shall be staggered so that approximately one-third of members'
15
terms expire each year. The Director shall designate a
16
chairperson from among the Board members.
17

(d) Board members shall receive no compensation but shall
18
be reimbursed for reasonable travel expenses and other
19
expenses necessarily incurred in the performance of their
20
duties.
21

(e) The Board shall meet at least quarterly and at
22
additional times the chairperson deems necessary. Six members
23
shall constitute a quorum.
24

(f) The Board shall advise the Department on:
25

(1) scientific and medical criteria for evaluating
26

pepper spray formulations;

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1

(2) testing protocols and evidentiary standards for
2

approval;
3

(3) ongoing monitoring of adverse health effects
4

associated with approved formulations;
5

(4) review of new peer-reviewed scientific evidence
6

regarding chemical irritant agents;
7

(5) recommendations for revision of standards and
8

rules; and
9

(6) public health impacts of chemical irritant agent
10

deployments in Illinois.
11

(g) The Department shall provide adequate administrative
12
and technical support for the Board, including staff, meeting
13
space, and resources necessary to fulfill the Board's duties.
14

(h) All meetings of the Board shall be open to the public
15
under the Open Meetings Act, except that the Board may meet in
16
closed session to discuss pending litigation or proprietary
17
information as permitted by law.

18

Section 20.
Prohibition on lachrymatory agents.
19

(a) Except as provided in subsection (c), no person shall
20
deploy any lachrymatory agent in this State.
21

(b) Except as provided in subsection (c), no person shall
22
possess any lachrymatory agent in this State for the purpose
23
of deploying the agent in this State.
24

(c) This Section does not apply:
25

(1) if the possession or transportation of the

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LRB104 20770 BDA 34276 b
1

lachrymatory agent is in the course of interstate commerce
2

and the agent is not deployed in this State;
3

(2) to possession by manufacturers, distributors, or
4

retailers in sealed containers in the ordinary course of
5

business, if the persons do not sell, transfer, or provide
6

lachrymatory agents to any person for use in this State;
7

or
8

(3) to possession of commercially available personal
9

defense devices containing lachrymatory agents in
10

quantities of less than 2 ounces for personal
11

self-defense, if the lachrymatory agents are not deployed
12

except in lawful self-defense.
13

(d) The prohibitions in this Section apply to all persons
14
operating within or causing injury in this State.

15

Section 25.
Department rulemaking for pepper spray
16
approval.
17

(a) Within 180 days after the effective date of this Act,
18
the Department shall adopt rules, in consultation with the
19
Board, establishing comprehensive standards for the approval
20
of pepper spray and oleoresin capsicum formulations. The rules
21
shall establish:
22

(1) the maximum permissible capsaicinoid content,
23

which shall not exceed 1.3% by weight unless an applicant
24

demonstrates by clear and convincing peer-reviewed
25

scientific evidence that a higher concentration is

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necessary for legitimate law enforcement purposes and does
2

not present unacceptable health risks to the general
3

population or to vulnerable subpopulations;
4

(2) prohibited compounds, additives, propellants, and
5

carriers, including:
6

(A) UV marking dyes or any substance designed to
7

permanently mark or identify exposed individuals;
8

(B) any compound identified by the International
9

Agency for Research on Cancer, the National Toxicology
10

Program, or other recognized scientific authorities as
11

a known or probable human carcinogen;
12

(C) any compound identified by recognized
13

scientific or medical authorities as neurotoxic,
14

mutagenic, or a reproductive toxin;
15

(D) any propellant or carrier that independently
16

causes respiratory distress, chemical burns, or other
17

injury beyond the intended temporary incapacitating
18

effect of capsaicinoids; and
19

(E) any compound that impedes or delays
20

decontamination;
21

(3) mandatory testing protocols that applicants must
22

complete using protocols approved by the Department,
23

including:
24

(A) testing on the effects on individuals with
25

asthma, chronic obstructive pulmonary disease, and
26

other respiratory conditions;

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(B) testing on the effects on individuals with
2

cardiovascular disease;
3

(C) testing on pregnant subjects or, if such
4

testing is ethically prohibited, peer-reviewed
5

literature review and risk assessment regarding
6

effects on pregnant individuals and fetal development;
7

(D) assessment of long-term health consequences of
8

single and repeated exposure;
9

(E) testing regarding interactions with commonly
10

prescribed medications, including, but not limited to,
11

anticoagulants, bronchodilators, and cardiac
12

medications;
13

(F) testing regarding efficacy and safety of
14

decontamination procedures;
15

(G) environmental persistence and contamination
16

studies;
17

(H) testing regarding effects on children, elderly
18

persons, and persons with compromised immune systems;
19

and
20

(I) any other testing the Department determines is
21

necessary to assess public health risks;
22

(4) restrictions on delivery mechanisms that:
23

(A) permit only targeted stream delivery
24

mechanisms designed to affect a single individual;
25

(B) prohibit area dispersal systems, foggers,
26

aerosol clouds, and any delivery mechanism designed or

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LRB104 20770 BDA 34276 b
1

reasonably likely to expose multiple persons
2

simultaneously;
3

(C) prohibit any delivery mechanism that results
4

in environmental contamination affecting persons not
5

directly targeted; and
6

(D) establish maximum discharge volume and
7

duration standards;
8

(5) application procedures, including required
9

documentation, testing data, chemical composition
10

disclosure, and certification by a qualified toxicologist;
11

(6) application fees, which shall not exceed the
12

Department's reasonable costs of review and shall not
13

create a barrier to smaller manufacturers seeking
14

approval;
15

(7) timelines for Department review, which shall not
16

exceed 180 days from receipt of a complete application;
17

(8) standards for approval, conditional approval, or
18

denial, which shall prioritize public health protection;
19

(9) requirements for annual recertification, including
20

submission of any new safety data and reports of adverse
21

events;
22

(10) procedures for immediate suspension of approval
23

upon evidence of serious adverse health effects not
24

disclosed or anticipated at the time of approval; and
25

(11) public access to information regarding approved
26

formulations, including a requirement that the Department

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LRB104 20770 BDA 34276 b
1

maintain a publicly accessible database containing
2

chemical composition, testing data, adverse event reports,
3

and approval status, subject to applicable trade secret
4

protections that do not impair public health and safety.
5

(b) In adopting rules under this Section, the Department
6
shall prioritize the protection of public health and shall
7
interpret any ambiguity in favor of greater protection for
8
vulnerable populations.
9

(c) The Department may deny approval to any formulation if
10
the applicant fails to provide adequate testing data, if the
11
formulation presents unacceptable health risks, or if approval
12
would be contrary to the purposes of this Act.

13

Section 30.
Approved formulations database.
14

(a) The Department shall establish and maintain a publicly
15
accessible online database, updated within 5 business days of
16
any change, that lists:
17

(1) all approved pepper spray formulations, identified
18

by manufacturer name, product name or designation, and a
19

unique approval number assigned by the Department;
20

(2) the capsaicinoid content and other active
21

ingredients in each approved formulation;
22

(3) the approval date and expiration date for each
23

approval;
24

(4) a summary of testing data supporting approval,
25

including key findings regarding safety;

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1

(5) any conditions, limitations, or restrictions on
2

the approval;
3

(6) the status of each approval, including whether the
4

approval is current, expired, suspended, or revoked; and
5

(7) a summary of any adverse event reports received
6

regarding each approved formulation.
7

(b) The database shall be searchable by manufacturer,
8
product name, approval number, and approval status.
9

(c) Information in the database is public information,
10
except as provided under this subsection. The Department may
11
withhold specific manufacturing process information that
12
constitutes a trade secret under the Illinois Trade Secrets
13
Act, except that no information may be withheld if disclosure
14
is necessary to protect public health and safety or to enable
15
enforcement of this Act.

16

Section 35.
Prohibition on deployment of unapproved pepper
17
spray.
18

(a) Beginning one year after the effective date of this
19
Act, no person shall deploy any pepper spray, oleoresin
20
capsicum spray, or other capsaicinoid-based chemical irritant
21
agent in this State unless the specific formulation has been
22
approved by the Department under this Act and the approval for
23
the formulation is current and has not been suspended or
24
revoked.
25

(b) Any person who deploys pepper spray in this State is

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1
responsible for ensuring that the formulation deployed is an
2
approved formulation.
3

(c) The prohibitions in this Section apply to all persons
4
operating within or causing injury in this State.
5

(d) This Section does not apply to:
6

(1) possession or use of pepper spray by private
7

individuals in quantities of 2 ounces or less for personal
8

self-defense purposes only, if the use is otherwise lawful
9

and not in connection with employment or official duties;
10

or
11

(2) possession by manufacturers, distributors, or
12

retailers in sealed containers in the ordinary course of
13

business, provided that the persons do not sell, transfer,
14

or provide unapproved formulations to any person for use
15

in this State.

16

Section 40.
Private right of action.
17

(a) Any person who suffers injury in this State, including
18
physical injury, respiratory distress, pain and suffering,
19
emotional distress, or property damage, as a result of
20
deployment of a chemical irritant agent in violation of
21
Section 20 or 35 may bring a civil action for damages and
22
injunctive relief in any court of competent jurisdiction in
23
this State.
24

(b) An action under this Section may be brought against:
25

(1) any person who deployed the prohibited or

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LRB104 20770 BDA 34276 b
1

unapproved chemical irritant agent;
2

(2) any person who ordered, directed, or authorized
3

the deployment of the prohibited or unapproved chemical
4

irritant agent;
5

(3) any agency, entity, or organization whose
6

employee, agent, or contractor deployed the prohibited or
7

unapproved chemical irritant agent while acting within the
8

scope of employment or agency; or
9

(4) any person who provided the prohibited or
10

unapproved chemical irritant agent to another person
11

knowing or having reason to know it would be deployed in
12

this State.
13

(c) Notwithstanding Section 2-1117 of the Code of Civil
14
Procedure, defendants found liable under this Section are
15
jointly and severally liable for all damages awarded. The
16
trier of fact shall apportion fault among the plaintiff and
17
all defendants for purposes of contribution, but apportionment
18
does not limit the plaintiff's right to collect the full
19
amount of the judgment from any defendant.
20

(d) In any action under this Section:
21

(1) The plaintiff need not prove intent, negligence,
22

or any culpable mental state. Deployment of a prohibited
23

or unapproved chemical irritant agent that causes injury
24

is a strict liability tort under this State's law.
25

(2) The affirmative defense of qualified immunity or
26

any similar immunity defense based on official capacity or

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1

discretionary function is not available to any defendant.
2

(3) The plaintiff may recover:
3

(A) all actual damages, including medical
4

expenses, lost wages, pain and suffering, and
5

emotional distress;
6

(B) statutory damages of not less than $5,000 per
7

violation; each deployment that causes injury to a
8

plaintiff shall constitute a separate violation; if a
9

single deployment causes injury to a plaintiff on
10

multiple occasions or results in multiple distinct
11

injuries, each such occasion or injury may constitute
12

a separate violation;
13

(C) punitive damages, notwithstanding the
14

provisions of Section 2-102 of the Local Governmental
15

and Governmental Employees Tort Immunity Act, if the
16

defendant acted with reckless disregard for the safety
17

of others or with knowledge that the chemical irritant
18

agent was prohibited or unapproved;
19

(D) reasonable attorney's fees and costs,
20

including expert witness fees; and
21

(E) injunctive relief prohibiting future
22

violations.
23

(4) Causation is established if deployment of the
24

prohibited or unapproved agent was a contributing factor
25

in causing the plaintiff's injury. The plaintiff need not
26

prove that the prohibited or unapproved nature of the

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1

agent was the sole or primary cause of injury.
2

(e) The statute of limitations for actions under this
3
Section shall be 2 years from the date of injury, or 2 years
4
from the date the plaintiff discovers or reasonably should
5
have discovered that the injury was caused by a prohibited or
6
unapproved chemical irritant agent, whichever is later, but in
7
no event more than 5 years from the date of deployment.
8

(f) Venue for actions under this Act shall be proper in any
9
county where:
10

(1) the deployment occurred;
11

(2) the injury occurred;
12

(3) the plaintiff resides; or
13

(4) any defendant resides or maintains a principal
14

place of business.
15

(g) Nothing in this Section shall be construed to modify
16
or limit defenses or immunities available under the Local
17
Governmental and Governmental Employees Tort Immunity Act,
18
except as expressly provided in subparagraph (C) of paragraph
19
(3) of subsection (d) of this Section.

20

Section 45.
Interested party organization standing and
21
enforcement actions.
22

(a) Upon a reasonable belief that any person or entity is
23
in violation of Section 20 or 35, an interested party
24
organization may bring a civil action in the county where the
25
alleged violation occurred or where any party to the action

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LRB104 20770 BDA 34276 b
1
resides, in the name of the State or for the benefit of any
2
impacted persons.
3

(1) No later than 30 days after filing an action, the
4

interested party organization shall serve upon the State
5

through the Attorney General a copy of the complaint and
6

written disclosure of substantially all material evidence
7

and information the interested party organization
8

possesses.
9

(2) The State may elect to intervene and proceed with
10

the action no later than 60 days after it receives both the
11

complaint and the material evidence and information. The
12

State may, for good cause shown, move the court for an
13

extension of the time to intervene and proceed with the
14

action.
15

(3) Before the expiration of the 60-day period or any
16

extensions under paragraph (2), the State shall:
17

(A) proceed with the action, in which case the
18

action shall be conducted by the State; or
19

(B) notify the court that it declines to take the
20

action, in which case the interested party
21

organization bringing the action shall have the right
22

to conduct the action.
23

(4) When the State conducts the action, the interested
24

party organization shall have the right to continue as a
25

party to the action subject to the following limitations:
26

(A) the State may dismiss the action

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notwithstanding the objections of the interested party
2

organization initiating the action if the interested
3

party organization has been notified by the State of
4

the filing of the motion and the court has provided the
5

interested party organization with an opportunity for
6

a hearing on the motion; and
7

(B) the State may settle the action with the
8

defendant notwithstanding the objections of the
9

interested party organization initiating the action if
10

the court determines, after a hearing, that the
11

proposed settlement is fair, adequate, and reasonable
12

under all the circumstances.
13

(5) If an interested party organization brings an
14

action under this Section, no person other than the State
15

may intervene or bring a related action on behalf of the
16

State based on the facts underlying the pending action.
17

(6) An action brought in court by an interested party
18

organization under this Section may be dismissed only if
19

the court and the Office of the Attorney General give
20

written consent to the dismissal and their reasons for
21

consenting.
22

(b) Any claim or action filed by an interested party
23
organization under this Section shall be made no later than 3
24
years after the alleged conduct resulting in the complaint,
25
plus any period for which the limitations period has been
26
tolled.

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(c) In an action brought by an interested party
2
organization under this Section, an interested party
3
organization may seek the following relief:
4

(1) temporary, preliminary, or permanent injunctive
5

relief prohibiting violations of this Act;
6

(2) declaratory relief;
7

(3) civil penalties of not less than $10,000 per
8

violation.
9

For purposes of paragraph (3) of this subsection (c), each
10
deployment of a prohibited or unapproved chemical irritant
11
agent constitutes a separate violation. If a defendant has
12
engaged in a pattern and practice of violations, the court may
13
award enhanced civil penalties of up to $50,000 per violation.
14

(d) An interested party organization that prevails in a
15
civil action under this Section shall receive:
16

(1) 20% of any civil penalties assessed, to be used
17

for enforcement activities, community education regarding
18

rights under this Act, and provision of services to
19

affected communities; and
20

(2) reasonable attorney's fees and costs, including
21

expert witness fees.
22

(e) The remaining 80% of any civil penalties assessed
23
under this Section shall be deposited into the Illinois Human
24
Rights Enforcement Fund established in subsection (c) of
25
Section 50 of this Act.
26

(f) An interested party organization may recover for a

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1
violation of this Act under this Section at the interested
2
party organization's option, but may not recover under more
3
than one Section. An interested party organization's action
4
under this Section does not preclude any individual from
5
bringing a private action under Section 40 of this Act.
6

(g) Venue for actions under this Section shall be proper
7
in any county where:
8

(1) a violation occurred;
9

(2) the interested party organization maintains an
10

office; or
11

(3) any defendant resides or maintains a principal
12

place of business.

13

Section 50.
Attorney General enforcement and Illinois
14
Human Rights Enforcement Fund.
15

(a) The Attorney General may bring a civil action to
16
enforce this Act pursuant to the authority conferred by
17
Section 6.3 of the Attorney General Act, including actions for
18
injunctive relief, civil penalties, and restitution to
19
affected persons.
20

(b) In an action brought by the Attorney General under
21
this Section, the court may award:
22

(1) temporary, preliminary, or permanent injunctive
23

relief prohibiting violations of this Act;
24

(2) declaratory relief;
25

(3) civil penalties of not less than $10,000 per

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violation;
2

(4) restitution to persons injured by violations of
3

this Act; and
4

(5) reasonable costs of investigation and litigation.
5

For purposes of paragraph (3) of this subsection (b), each
6
deployment of a prohibited or unapproved chemical irritant
7
agent constitutes a separate violation. If a defendant has
8
engaged in a pattern and practice of violations, the court may
9
award enhanced civil penalties of up to $50,000 per violation.
10

(c) The Illinois Human Rights Enforcement Fund is created
11
as a special fund in the State treasury. Civil penalties
12
recovered by the Attorney General under this Section and civil
13
penalties deposited under Section 45 shall be deposited into
14
the Illinois Human Rights Enforcement Fund.
15

(d) Moneys in the Illinois Human Rights Enforcement Fund
16
shall be used, subject to appropriation, for the following
17
purposes:
18

(1) investigation and prosecution of violations of
19

civil rights, human rights, and constitutional
20

protections, including, but not limited to, protections
21

under the Illinois Constitution, the Illinois Human Rights
22

Act, this Act, and any other statute or common law
23

doctrine protecting individual rights and dignity;
24

(2) restitution to persons injured by violations of
25

civil rights, human rights, and constitutional
26

protections, including, but not limited to, protections

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under the Illinois Constitution, the Illinois Human Rights
2

Act, this Act, and any other statute or common law
3

doctrine protecting individual rights and dignity;
4

(3) public education regarding civil rights, human
5

rights, and constitutional protections, including, but not
6

limited to, protections under the Illinois Constitution,
7

the Illinois Human Rights Act, this Act, and any other
8

statute or common law doctrine protecting individual
9

rights and dignity;
10

(4) grants to community-based organizations for legal
11

assistance, advocacy, and education related to civil
12

rights, human rights, and constitutional protections,
13

including, but not limited to, protections under the
14

Illinois Constitution, the Illinois Human Rights Act, this
15

Act, and any other statute or common law doctrine
16

protecting individual rights and dignity; and
17

(5) support for medical treatment, mental health
18

counseling, and other services for persons injured by
19

violations of civil rights, human rights, and
20

constitutional protections, including, but not limited to,
21

protections under the Illinois Constitution, the Illinois
22

Human Rights Act, this Act, and any other statute or
23

common law doctrine protecting individual rights and
24

dignity.
25

(e) Actions brought by the Attorney General under this
26
Section do not preclude private actions under Section 40 or

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1
interested party organization actions under Section 45 of this
2
Act.
3

(f) Venue for actions under this Section shall be proper
4
in any county where a violation occurred or where any
5
defendant resides or maintains a principal place of business.

6

Section 55.
Reporting requirements.
7

(a) Any person who deploys a chemical irritant agent in
8
this State, other than for personal self-defense as permitted
9
under this Act, shall report the deployment to the Department
10
within 48 hours. The report shall include:
11

(1) the date, time, and location of the deployment;
12

(2) the chemical irritant agent used, including
13

manufacturer and product identification;
14

(3) the circumstances necessitating deployment;
15

(4) the number of persons estimated to have been
16

exposed;
17

(5) any known injuries resulting from the deployment;
18

and
19

(6) the name and contact information of the person
20

making the report.
21

(b) The Department shall maintain a public database of all
22
deployment reports received under this Section, updated
23
monthly. The database shall exclude personal identifying
24
information of individuals exposed but shall include aggregate
25
data on deployments, injuries, and agents used.

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1

(c) Failure to report as required by this Section does not
2
affect civil liability under Sections 40 and 45 of this Act but
3
may be considered by a court as evidence of recklessness or
4
disregard for public safety.
5

(d) A report submitted under this Section is inadmissible
6
against the reporting individual in any criminal proceeding,
7
except in a prosecution for perjury or false statements made
8
in the report.

9

Section 60.
Home rule.
The regulation and certification of
10
chemical irritant agents and the creation of civil remedies
11
for injuries arising from their deployment are exclusive
12
powers and functions of the State. A home rule unit may not
13
regulate or certify chemical irritant agents or create or
14
alter civil remedies for injuries arising from their
15
deployment. This Section is a denial and limitation of home
16
rule powers and functions under subsection (h) of Section 6 of
17
Article VII of the Illinois Constitution.

18

Section 65.
Transition; compliance period.
19

(a) The prohibitions under Section 20 concerning
20
lachrymatory agents apply beginning 180 days after the
21
effective date of this Act.
22

(b) The prohibitions under Section 35 concerning
23
unapproved pepper spray formulations apply beginning one year
24
after the effective date of this Act.

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1

(c) The civil liability provisions under Sections 40 and
2
45 apply to all violations occurring on or after the dates
3
specified in subsections (a) and (b).
4

(d) Nothing in this Act affects civil liability under
5
common law or other statutory law for deployments occurring
6
before the applicable dates under this Section.

7

Section 90.
The State Finance Act is amended by adding
8
Section 5.1038 as follows:

9

(30 ILCS 105/5.1038 new)
10

Sec. 5.1038.
The Illinois Human Rights Enforcement Fund.

11

Section 97.
Severability.
The provisions of this Act are
12
severable under Section 1.31 of the Statute on Statutes.

13

Section 99.
Effective date.
This Act takes effect upon
14
becoming law.

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