Section 393.08. Chemical agents and weapons.

 

(1)   Oleoresin of capsicum. For the purpose of this section, "oleoresin of capsicum" means oleoresin extracted from fruits of plants of the genus capsicum. Oleoresin contains the active ingredient capsaicin and related compounds classified as capsaicinoids.

(2)   Use of oleoresin of capsicum. Staff may carry or use oleoresin of capsicum, as permitted under s. 941.26 (4) (a) and (c) , Stats., while on duty and only under all of the following conditions:

(a) If approved by the department.

(b) After successfully completing a department approved training program or, if applicable, after successfully updating training according to department policy and procedure.

(c) While acting in self-defense or defense of a third person, as permitted under ss. 939.48 and 941.26 (4) (c) 1. , Stats.

(3)   Approved products. Staff may carry and use only the chemical products and delivery systems approved by the department.

(4)   Medical care. Staff shall immediately provide medical attention to a person exposed to oleoresin of capsicum.

(5)   Documentation. Staff involved in the use of oleoresin of capsicum shall document its use according to department policy and procedure.

(6)   Firearms or other weapons. Staff may not carry a firearm or other weapons while on duty.

Cr. Register, June, 2000, No. 534 , eff. 7-1-00.