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S08021 Summary:

BILL NOS08021B
 
SAME ASSAME AS A08492-B
 
SPONSORHINCHEY
 
COSPNSR
 
MLTSPNSR
 
Add 837-z, Exec L
 
Requires state law enforcement agencies to adopt tattoo policies that prohibit certain tattoos that are indecent, sexist, racist, gang affiliated, or that are affiliated with or inspired by extremist organizations or ideologies.
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S08021 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         8021--B
            Cal. No. 1653
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                      May 15, 2025
                                       ___________
 
        Introduced  by  Sen. HINCHEY -- read twice and ordered printed, and when
          printed to be  committed  to  the  Committee  on  Codes  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to  said  committee -- committee discharged and said bill committed to
          the Committee on Rules -- ordered to  a  third  reading,  amended  and
          ordered reprinted, retaining its place in the order of third reading
 
        AN  ACT  to  amend the executive law, in relation to requiring state law
          enforcement agencies to develop and implement a tattoo policy
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. The executive law is amended by adding a new section 837-z
     2  to read as follows:
     3    § 837-z.  Tattoo  policies;  law  enforcement  agencies.  1.  For  the
     4  purposes  of  this section, the following terms shall have the following
     5  meanings:
     6    (a) "Tattoo" is defined as a mark on the body of a  person  made  with
     7  indelible  ink  or pigments injected beneath the outer layer of the skin
     8  that is permanent and difficult to reverse or remove in terms of  finan-
     9  cial  cost,  discomfort,  and  effectiveness of removal techniques.  For
    10  purposes of this section, "tattoo" shall also include marks made on  the
    11  body  of  a  person by method of branding or scarring that are permanent
    12  and difficult to reverse or remove in terms of financial  cost,  discom-
    13  fort, and effectiveness of removal techniques.
    14    (b) "State agency" shall mean any department, division, board, bureau,
    15  commission,  office,  agency,  authority  or  public  corporation of the
    16  state.
    17    (c) "State law enforcement agency" shall mean the  division  of  state
    18  police,  the  department  of  corrections and community supervision, the
    19  division of law enforcement in the department of environmental conserva-
    20  tion, and any other state agency as defined in  paragraph  (b)  of  this
    21  subdivision  or  state authority as defined in section two of the public
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11674-08-5

        S. 8021--B                          2
 
     1  authorities law that employs individuals designated as  police  officers
     2  pursuant  to  subdivision  thirty-four  of  section 1.20 of the criminal
     3  procedure law or individuals designated as peace  officers  pursuant  to
     4  subdivision  twenty-five  of section 2.10 of the criminal procedure law,
     5  but shall not include any police officer or peace  officer  employed  by
     6  any municipality as defined in section eight hundred thirty-five of this
     7  article or any other local agency or local authority.
     8    2.  (a)  The  commissioner,  the superintendent of the division of the
     9  state police, the commissioner of  the  department  of  corrections  and
    10  community  supervision,  and  the  person  in  charge of every state law
    11  enforcement agency as defined in paragraph (c)  of  subdivision  one  of
    12  this  section  shall adopt and implement a tattoo policy for all members
    13  of such law enforcement agency who are  designated  as  police  officers
    14  pursuant to section 1.20 of the criminal procedure law or as peace offi-
    15  cers pursuant to subdivision twenty-five of section 2.10 of the criminal
    16  procedure  law  and all applicants for employment in such positions with
    17  such agency.
    18    (b) Each policy established pursuant to paragraph (a) of this subdivi-
    19  sion shall establish guidelines which will include but  not  be  limited
    20  to:
    21    (i)  permitting such police officers and peace officers and applicants
    22  for employment as police officers and peace officers within such  agency
    23  to  have  arm,  leg,  back,  or torso tattoos, including sleeve tattoos,
    24  provided however that such policies may require  the  covering  of  such
    25  tattoos in the course of employment;
    26    (ii)  prohibiting  hand tattoos with the exception of no more than one
    27  ring tattoo on each hand below the joint of the bottom segment  (portion
    28  closest to the palm) of the finger; and
    29    (iii) prohibiting hand, face, and neck tattoos.
    30    (c)  Nothing  in this section shall limit the authority of a state law
    31  enforcement agency to establish rules prohibiting any tattoo that is not
    32  explicitly authorized by paragraph (b) of this subdivision.
    33    (d) This section shall not be construed to prevent any person current-
    34  ly employed by a state agency from continuing to serve.
    35    § 2. This act shall take effect on the sixtieth  day  after  it  shall
    36  have become a law. Effective immediately, the addition, amendment and/or
    37  repeal  of  any  rule  or regulation necessary for the implementation of
    38  this act on its effective date are authorized to be made  and  completed
    39  on or before such effective date.
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