South Central Reporter

On June 3, Legislation to allow Illinois Department of Children & Family Services (DCFS) workers to carry pepper spray was signed into law.

Senate Bill 1486 was filed by State Sen. Steve McClure (R-Springfield) and co-sponsored by Senator Julie Morrison (D-Lake Forest) in the Senate, and Representatives Tony McCombie (R-Savanna) and Sandy Hamilton (R-Springfield) in the House. According to a press release from McClure's Office, the legislation allows DCFS frontline workers to carry pepper spray for defensive purposes while investigating child abuse and neglect. The legislation also directs the Illinois State Police (ISP) to develop a program on the proper use of pepper spray. DCFS employees will be required to complete the program to carry pepper spray in the field.

“Frontline DCFS workers face dangerous situations far too often as they work to protect the vulnerable children of Illinois,” McClure said, according to the press release. “This will give those employees the ability to carry pepper spray and create a training program to ensure they know how to use it in an emergency situation.”

According to the text of the bill, the new law requires that DCFS and the Illinois State Police will create a list of approved personal protection spray devices and 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 must fund the training program and outline specific circumstances under which a front-line staff member may use a personal protection spray device including if the front-line staff member: reasonably believes that use is necessary to protect the staff member from an imminent physical assault posed by another person; use of 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 front-line staff member; and except in exigent circumstances, has issued a verbal warning to persons near the spray area. 

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 the amendatory Act shall be prohibited by Department policy.

The press release states that the legislation was inspired by the murders of two DCFS investigators. Deidre Silas was stabbed to death in January at a home in Thayer during the course of a child welfare investigation. In February of 2018, Pamela Knight died in the hospital from injuries sustained during a brutal attack that occurred while she was trying to take a child into protective custody.