2019 - 2020 LEGISLATURE
June 20, 2019 - Introduced by Representatives Horlacher, Fields, Ballweg,
Bowen, Brandtjen, Dittrich, Jagler, Kulp, Macco, Ramthun, Skowronski,
Spiros, Spreitzer, Steffen, Thiesfeldt, Tusler, Wichgers and Born,
cosponsored by Senators Wanggaard, Ringhand, Carpenter, Cowles, Nass,
Petrowski and Tiffany. Referred to Committee on Criminal Justice and
Public Safety.
AB308,1,3 1An Act to renumber and amend 941.26 (1c); to amend 941.26 (4) (a); and to
941.26 (1c) (a) of the statutes; relating to: pepper spray and CS gel
Analysis by the Legislative Reference Bureau
Under current law, a person is prohibited from selling, possessing, using, or
transporting any container into which tear gas or any similar substance can be used
or placed for use to cause bodily discomfort, panic, or damage to property. Current
law provides that this prohibition does not apply to any device or container that
contains a combination of oleoresin of capsicum and inert ingredients, commonly
known as pepper spray. This bill specifies that the current prohibition on tear gas
substances also does not apply to any device or container that contains CS gel and
inert ingredients. CS gel is defined as nonatomizing, gel-form
chlorobenzalmalononitrile, which is a product that has a similar effect to pepper
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB308,1 4Section 1. 941.26 (1c) of the statutes is renumbered 941.26 (1c) (intro.) and
5amended to read:
1941.26 (1c) (intro.) In this section , “machine:
AB308,2,2 2(b) “Machine gun" has the meaning given in s. 941.25 (1).
AB308,2 3Section 2. 941.26 (1c) (a) of the statutes is created to read:
AB308,2,54 941.26 (1c) (a) “CS gel” means nonatomizing, gel-form
AB308,3 6Section 3. 941.26 (4) (a) of the statutes is amended to read:
AB308,2,97 941.26 (4) (a) Subsections (1g) to (3) do not apply to any device or container that
8contains a combination of oleoresin of capsicum or CS gel and inert ingredients but
9does not contain any other gas or substance that will cause bodily discomfort.
AB308,2,1010 (End)