Bill > HB5553

This bill, the Building Remedies to End Abusive Tear Gas and Harmful Exposures Act, aims to protect individuals in Illinois from dangerous chemical agents by establishing strict regulations and remedies. It creates a Chemical Agent Review Board within the Department of Public Health, composed of medical professionals, scientists, legal experts, and community representatives, to advise on safety standards for chemical irritant agents. The bill generally prohibits the deployment or possession of lachrymatory agents (substances like tear gas that cause eye irritation and temporary blindness), with limited exceptions for interstate commerce, manufacturers in sealed containers, and personal self-defense with small quantities. For pepper spray, the Department of Public Health must establish rules for approving formulations, including limits on active ingredients, restrictions on harmful additives and delivery mechanisms (like area dispersal), and mandatory safety testing, particularly for vulnerable populations. A public database will be maintained of approved formulations and any reported adverse events. The bill also requires reporting of chemical irritant deployments not used for personal self-defense and establishes a private right of action, allowing individuals injured by prohibited or unapproved agents to sue for damages, and grants enforcement authority to the Attorney General and certain non-profit or labor organizations, with remedies including civil penalties and injunctive relief, all of which will contribute to the newly created Illinois Human Rights Enforcement Fund.

https://www.ilga.gov/Legislation/BillStatus?DocNum=5553&GAID=18&DocTypeID=HB&SessionID=114&GA=104