Requires the commissioner of the division of criminal justice services, the superintendent of the division of state police, and the commissioner of the department of corrections and community supervision and the person in charge of every state law enforcement agency to adopt and implement a tattoo policy for all members of such law enforcement agency who are designated as police officers, peace officers and applicants for employment in such positions.
STATE OF NEW YORK
________________________________________________________________________
8021--C
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
-- recommitted to the Committee on Codes in accordance with Senate
Rule 6, sec. 8 -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
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-aa
2 to read as follows:
3 § 837-aa. 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11674-10-6
S. 8021--C 2
1 division of law enforcement in the department of environmental conserva-
2 tion, and any other state agency as defined in paragraph (b) of this
3 subdivision or state authority as defined in section two of the public
4 authorities law that employs individuals designated as police officers
5 pursuant to subdivision thirty-four of section 1.20 of the criminal
6 procedure law or individuals designated as peace officers pursuant to
7 subdivision twenty-five of section 2.10 of the criminal procedure law,
8 but shall not include any police officer or peace officer employed by
9 any municipality as defined in section eight hundred thirty-five of this
10 article or any other local agency or local authority.
11 2. (a) The commissioner, the superintendent of the division of the
12 state police, the commissioner of the department of corrections and
13 community supervision, and the person in charge of every state law
14 enforcement agency as defined in paragraph (c) of subdivision one of
15 this section shall adopt and implement a tattoo policy for all members
16 of such law enforcement agency who are designated as police officers
17 pursuant to section 1.20 of the criminal procedure law or as peace offi-
18 cers pursuant to subdivision twenty-five of section 2.10 of the criminal
19 procedure law and all applicants for employment in such positions with
20 such agency.
21 (b) Each policy established pursuant to paragraph (a) of this subdivi-
22 sion shall establish guidelines which will include but not be limited
23 to:
24 (i) permitting such police officers and peace officers and applicants
25 for employment as police officers and peace officers within such agency
26 to have arm, leg, back, or torso tattoos, including sleeve tattoos,
27 provided however that such policies may require the covering of such
28 tattoos in the course of employment;
29 (ii) prohibiting hand tattoos with the exception of no more than one
30 ring tattoo on each hand below the joint of the bottom segment (portion
31 closest to the palm) of the finger; and
32 (iii) prohibiting hand, face, and neck tattoos.
33 (c) Nothing in this section shall limit the authority of a state law
34 enforcement agency to establish rules prohibiting any tattoo that is not
35 explicitly authorized by paragraph (b) of this subdivision.
36 (d) This section shall not be construed to prevent any person current-
37 ly employed by a state agency from continuing to serve.
38 § 2. This act shall take effect on the sixtieth day after it shall
39 have become a law. Effective immediately, the addition, amendment and/or
40 repeal of any rule or regulation necessary for the implementation of
41 this act on its effective date are authorized to be made and completed
42 on or before such effective date.
