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A08492 Summary:

BILL NOA08492B
 
SAME ASSAME AS S08021-B
 
SPONSORWeprin
 
COSPNSR
 
MLTSPNSR
 
Add §837-z, Exec L
 
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 police for all members of such law enforcement agency who are designated as police officers, peace officers and applicants for employment in such positions.
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A08492 Actions:

BILL NOA08492B
 
05/20/2025referred to codes
05/23/2025amend and recommit to codes
05/23/2025print number 8492a
06/06/2025amend (t) and recommit to codes
06/06/2025print number 8492b
06/09/2025reported referred to rules
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A08492 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A8492B
 
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 837y 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.   JUSTIFICATION: Under current law, law enforcement agencies across New York State have inconsistent or outdated policies regarding visible tattoos.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.
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A08492 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         8492--B
 
                               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

        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
    22  authorities  law  that employs individuals designated as police officers
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11674-07-5

        A. 8492--B                          2
 
     1  pursuant to subdivision thirty-four of  section  1.20  of  the  criminal
     2  procedure  law  or  individuals designated as peace officers pursuant to
     3  subdivision twenty-five of section 2.10 of the criminal  procedure  law,
     4  but  shall  not  include any police officer or peace officer employed by
     5  any municipality as defined in section eight hundred thirty-five of this
     6  article or any other local agency or local authority.
     7    2. (a) The commissioner, the superintendent of  the  division  of  the
     8  state  police,  the  commissioner  of  the department of corrections and
     9  community supervision, and the person  in  charge  of  every  state  law
    10  enforcement  agency  as  defined  in paragraph (c) of subdivision one of
    11  this section shall adopt and implement a tattoo policy for  all  members
    12  of  such  law  enforcement  agency who are designated as police officers
    13  pursuant to section 1.20 of the criminal procedure law or as peace offi-
    14  cers pursuant to subdivision twenty-five of section 2.10 of the criminal
    15  procedure law and all applicants for employment in such  positions  with
    16  such agency.
    17    (b) Each policy established pursuant to paragraph (a) of this subdivi-
    18  sion  shall  establish  guidelines which will include but not be limited
    19  to:
    20    (i) permitting such police officers and peace officers and  applicants
    21  for  employment as police officers and peace officers within such agency
    22  to have arm, leg, back, or  torso  tattoos,  including  sleeve  tattoos,
    23  provided  however  that  such  policies may require the covering of such
    24  tattoos in the course of employment;
    25    (ii) prohibiting hand tattoos with the exception of no more  than  one
    26  ring  tattoo on each hand below the joint of the bottom segment (portion
    27  closest to the palm) of the finger; and
    28    (iii) prohibiting hand, face, and neck tattoos.
    29    (c) Nothing in this section shall limit the authority of a  state  law
    30  enforcement agency to establish rules prohibiting any tattoo that is not
    31  explicitly authorized by paragraph (b) of this subdivision.
    32    (d) This section shall not be construed to prevent any person current-
    33  ly employed by a state agency from continuing to serve.
    34    §  2.  This  act  shall take effect on the sixtieth day after it shall
    35  have become a law. Effective immediately, the addition, amendment and/or
    36  repeal of any rule or regulation necessary  for  the  implementation  of
    37  this  act  on its effective date are authorized to be made and completed
    38  on or before such effective date.
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