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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8492C
SPONSOR: Weprin TITLE OF BILL:
An act to amend the executive law, in relation to requiring state law
enforcement agencies to develop and implement a tattoo policy
PURPOSE:
The purpose of this policy is to enact a uniform, fair, and constitu-
tionally sound tattoo policy for law enforcement agencies in New York
State that respects both the professional image of law enforcement offi-
cers and their individual rights and abilities to express themselves
SUMMARY OF PROVISIONS:
Section 1 adds a new section 837-aa to the executive law. Section 2 is
the effective date.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
The B print removes provisions regarding prohibited tattoos and amends
the language to provide that the policy shall at minimum include the
non-exhaustive list. Clarifies that this bill will not prohibit anyone
currently employed who has tattoos from continuing serve after this
legislation.
The C print makes a technical amendment, creating a new section 837-aa
in the executive law instead of 837-z.
JUSTIFICATION:
Under current law, law enforcement agencies across New York State have
inconsistent or outdated policies regarding visible tattoos. These
discrepancies can lead to unequal treatment of officers, hinder recruit-
ment efforts, and invite legal challenges related to First Amendment and
employment rights.
For decades, many police agencies in the United States had policies
strictly regulating the wearing of tattoos among their officers. Most
agencies either prohibited tattoos altogether or, at a minimum, placed
restrictions on their size and/or required that they be covered at all
times. The prevailing attitude was that tattoos were unprofessional and
might be perceived as intimidating or inappropriate by members of the
community.
Such restrictions have had an impact on police hiring-until recently. A
surge in the popularity of tattoos, especially among young people, has
forced police agencies to reconsider their traditional thinking on the
issue.
As generational norms around tattoos have evolved, a growing number of
qualified applicants and current officers have visible tattoos that are
not offensive or inappropriate. A standardized, reasonable policy will
help agencies maintain a professional appearance while respecting the
rights and individuality of, law enforcement personnel. In addition,
clear guidance will improve transparency, limit subjective decision-mak-
ing by departments, and support diversity and inclusion in law enforce-
ment hiring and retention.
This policy also directly affects the veteran community as tattoos are
very much a part of military culture and a large proportion of service
members have tattoos. If the state of New York values veterans and their
service, they should adopt this policy which would allow individuals
with tattoos that are not offensive or inappropriate to be eligible for
employment with all law enforcement agencies within the state.
At a time when police departments around the country are struggling to
recruit and retain good, qualified law enforcement officers, and with
criminal justice and policing reform front and center in national
discussion, the state of New York should be doing everything it can to
recruit and retain the best candidates possible. A 2017 report by the
U.S. Department of Justice "Hiring for 215t Century Law Enforcement
Officer: Challenges, Opportunities, and Strategies for Success" stated:
"Police Departments Need to Ease Tattoo Restrictions in Order to Attract
More Applicants 29% of Americans have at least one tattoo per a 2016
Harris Poll and 69% of those have two or more. While only 13% of Baby
Boomers, 10% of those age 70 or more, 36% of those age 46 to 50 have a
tattoo, 47% of Millennials reportedly have a tattoo and 37% have more
than one. This means that nearly half of police recruits have a tattoo.
You can have visible tattoos and be a teacher, join the military, even
be a legislator! There is no reason why tattoos should be an automatic
disqualifier to joining any New York State law enforcement agency if
those tattoos are not offensive or inappropriate.
PRIOR LEGISLATIVE HISTORY:
This is a new bill.
FISCAL IMPLICATIONS:
None.
LOCAL FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become a law.
STATE OF NEW YORK
________________________________________________________________________
8492--C
2025-2026 Regular Sessions
IN ASSEMBLY
May 20, 2025
___________
Introduced by M. of A. WEPRIN -- read once and referred to the Committee
on Codes -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee -- again reported from said
committee with amendments, ordered reprinted as amended and recommit-
ted to said committee -- recommitted to the Committee on Codes in
accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
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
19 division of law enforcement in the department of environmental conserva-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11674-09-6
A. 8492--C 2
1 tion, and any other state agency as defined in paragraph (b) of this
2 subdivision or state authority as defined in section two of the public
3 authorities law that employs individuals designated as police officers
4 pursuant to subdivision thirty-four of section 1.20 of the criminal
5 procedure law or individuals designated as peace officers pursuant to
6 subdivision twenty-five of section 2.10 of the criminal procedure law,
7 but shall not include any police officer or peace officer employed by
8 any municipality as defined in section eight hundred thirty-five of this
9 article or any other local agency or local authority.
10 2. (a) The commissioner, the superintendent of the division of the
11 state police, the commissioner of the department of corrections and
12 community supervision, and the person in charge of every state law
13 enforcement agency as defined in paragraph (c) of subdivision one of
14 this section shall adopt and implement a tattoo policy for all members
15 of such law enforcement agency who are designated as police officers
16 pursuant to section 1.20 of the criminal procedure law or as peace offi-
17 cers pursuant to subdivision twenty-five of section 2.10 of the criminal
18 procedure law and all applicants for employment in such positions with
19 such agency.
20 (b) Each policy established pursuant to paragraph (a) of this subdivi-
21 sion shall establish guidelines which will include but not be limited
22 to:
23 (i) permitting such police officers and peace officers and applicants
24 for employment as police officers and peace officers within such agency
25 to have arm, leg, back, or torso tattoos, including sleeve tattoos,
26 provided however that such policies may require the covering of such
27 tattoos in the course of employment;
28 (ii) prohibiting hand tattoos with the exception of no more than one
29 ring tattoo on each hand below the joint of the bottom segment (portion
30 closest to the palm) of the finger; and
31 (iii) prohibiting hand, face, and neck tattoos.
32 (c) Nothing in this section shall limit the authority of a state law
33 enforcement agency to establish rules prohibiting any tattoo that is not
34 explicitly authorized by paragraph (b) of this subdivision.
35 (d) This section shall not be construed to prevent any person current-
36 ly employed by a state agency from continuing to serve.
37 § 2. This act shall take effect on the sixtieth day after it shall
38 have become a law. Effective immediately, the addition, amendment and/or
39 repeal of any rule or regulation necessary for the implementation of
40 this act on its effective date are authorized to be made and completed
41 on or before such effective date.
