SPRINGFIELD, Ill. (WAND) — Democratic lawmakers have filed a plan to make Illinois the first state to ban tear gas. 

Sponsors and advocates told reporters in Springfield that people should have the right to protest without being attacked with chemical agents. 

The Building Remedies to End Abusive Tear Gas and Harmful Exposures, or BREATHE Act, could establish mandatory safety testing for vulnerable groups, including people with asthma, heart conditions and pregnant people. 

This legislation would also give people injured by tear gas the right to file lawsuits with no qualified immunity defense, a minimum of $5,000 in statutory damages per violation and access to punitive damages.

The fight is personal for Rep. Edgar Gonzalez (D-Chicago), who rushed outside of his home to help constituents during an ICE raid on Oct. 23, 2025.

"As agents tackled someone to the ground, I see the tear gas cannister was actually to my left and thrown right next to me," Gonzalez said. "Within seconds, I was coughing, choking and almost throwing up. The air turned hazy, and video later confirmed that it was Border Patrol Chief Greg Bovino who threw the cannister that sickened me and others."

Money from civil penalties would go into an Illinois Human Rights Enforcement Fund to support affected communities. 

The plan could also require pepper spray sold and used in Illinois to be approved by a chemical agent review board created within the Department of Public Health. 

"People are stepping up, and they're risking having their eyes and body exposed to extremely painful chemicals," said Sen. Robert Peters (D-Chicago). "Just as we had turned away from the pain of the 60s and 70s, we must turn away now from what's going on today and end the use of tear gas in the state of Illinois, and lead by example for the rest of the country."

House Bill 5553 and Senate Bill 4045 have not been assigned to committees at this time. 

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