S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8492
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 20, 2025
                                ___________
 
 Introduced by M. of A. WEPRIN -- read once and referred to the Committee
   on Codes
 
 AN  ACT  to  amend the executive law, in relation to prohibiting certain
   officers of state law enforcement agencies from having certain  offen-
   sive or inappropriate tattoos
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The executive law is amended by adding a new section  837-z
 to read as follows:
   §  837-Z.  TATTOO  POLICIES;  LAW  ENFORCEMENT  AGENCIES.  1.  FOR THE
 PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE  THE  FOLLOWING
 MEANINGS:
   (A)  "EXTREMIST TATTOO" SHALL MEAN ANY TATTOO THAT DEPICTS, DESCRIBES,
 SYMBOLIZES OR REFERS TO EXTREMIST PHILOSOPHIES,  IDEOLOGIES,  OR  ACTIV-
 ITIES,  INCLUDING, BUT NOT LIMITED TO ANY DEPICTION, DESCRIPTION, SYMBOL
 OR REFERENCE THAT:
   (I) IS INSPIRED BY, OR ASSOCIATED WITH, A DESIGNATED FOREIGN TERRORIST
 ORGANIZATION OR DOMESTIC TERRORIST OR VIOLENT DOMESTIC EXTREMIST  ORGAN-
 IZATION  OR  GROUP IDENTIFIED OR DESIGNATED AS SUCH BY THE UNITED STATES
 DEPARTMENT OF JUSTICE OR ANY OTHER ORGANIZATION OR GROUP OR  THAT  ADVO-
 CATES  INTOLERANCE  OF,  OR  DISCRIMINATION  AGAINST,  ANY  RACE, COLOR,
 NATIONAL ORIGIN, ANCESTRY, GENDER, GENDER IDENTITY OR EXPRESSION,  RELI-
 GION, RELIGIOUS PRACTICE, OR SEXUAL ORIENTATION;
   (II) ENCOURAGES, PROMOTES, OR ADVOCATES THE COMMISSION OF A HATE CRIME
 AS  DEFINED  IN  SECTION  485.05  OF  THE PENAL LAW AGAINST ANY GROUP OR
 GROUPS OF INDIVIDUALS;
   (III) ENCOURAGES, PROMOTES OR ADVOCATES DISCRIMINATION OR  INTOLERANCE
 AGAINST  ANY  INDIVIDUAL OR GROUP BASED ON RACE, COLOR, NATIONAL ORIGIN,
 ANCESTRY, GENDER, GENDER IDENTITY  OR  EXPRESSION,  RELIGION,  RELIGIOUS
 PRACTICE, OR SEXUAL ORIENTATION OR ANY OTHER STATUS PROTECTED BY FEDERAL
 LAW OR THE LAWS OF THIS STATE;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11674-02-5
              

 A. 8492                             2
 
   (IV)  ENCOURAGES, PROMOTES OR ADVOCATES FOR VIOLENCE OR OTHER UNLAWFUL
 MEANS OF DEPRIVING OR VIOLATING THE RIGHTS GUARANTEED TO  AN  INDIVIDUAL
 UNDER  THE  UNITED  STATES  CONSTITUTION, THE STATE CONSTITUTION, OR ANY
 OTHER APPLICABLE FEDERAL OR STATE LAW  ON  THE  BASIS  OF  RACE,  COLOR,
 NATIONAL  ORIGIN, ANCESTRY, GENDER, GENDER IDENTITY OR EXPRESSION, RELI-
 GION, RELIGIOUS PRACTICE, OR SEXUAL  ORIENTATION  OR  ANY  OTHER  STATUS
 PROTECTED BY FEDERAL LAW OR THE LAWS OF THIS STATE; OR
   (V)  ANY  OTHER SYMBOL, DESCRIPTION, DEPICTION OR REFERENCE DESIGNATED
 AS SUCH BY THE COMMISSIONER IN COORDINATION WITH THE COMMISSIONER OF THE
 DIVISION OF HUMAN RIGHTS AND IN CONSULTATION WITH ANY OTHER  APPROPRIATE
 PUBLIC OR PRIVATE AGENCY, INCLUDING ANY FEDERAL OR STATE LAW ENFORCEMENT
 AGENCY.
   (B) "TATTOO" SHALL MEAN A MARK ON THE BODY OF A PERSON MADE WITH INDE-
 LIBLE  INK OR PIGMENTS INJECTED BENEATH THE OUTER LAYER OF THE SKIN THAT
 IS PERMANENT AND DIFFICULT TO REVERSE OR REMOVE IN  TERMS  OF  FINANCIAL
 COST, DISCOMFORT, AND EFFECTIVENESS OF REMOVAL TECHNIQUES.
   (C)  "SLEEVE  TATTOO" MEANS A LARGE TATTOO, OR A COLLECTION OF SMALLER
 TATTOOS, THAT COVERS MOST OR ALL OF AN INDIVIDUAL'S  ARM,  USUALLY  FROM
 SHOULDER TO WRIST.
   (D)  "INDECENT  TATTOO"  SHALL MEAN A TATTOO THAT IS OTHERWISE GROSSLY
 OFFENSIVE TO MODESTY, DECENCY, PROPRIETY, OR PROFESSIONALISM, INCLUDING,
 FOR THE PURPOSES OF ILLUSTRATION AND NOT LIMITATION, DEPICTIONS OF SEXU-
 ALLY SUGGESTIVE OR EXPLICIT IMAGES, DEPICTIONS OF OBSCENE MATERIAL WITH-
 IN THE MEANING OF  SECTION  235.00  OF  THE  PENAL  LAW,  OR  ANY  OTHER
 DEPICTION,  DESCRIPTION OR REFERENCE THAT VIOLATES A REASONABLE PERSON'S
 STANDARD OF DECENCY OR MORALITY.
   (E) "SEXIST TATTOO" SHALL MEAN A TATTOO THAT  ADVOCATES  A  PHILOSOPHY
 THAT DEGRADES OR DEMEANS A PERSON BASED ON SEX OR GENDER.
   (F)  "RACIST TATTOO"   SHALL MEAN A TATTOO THAT ADVOCATES A PHILOSOPHY
 THAT DEGRADES OR DEMEANS A PERSON BASED ON RACE,  COLOR,  ETHNICITY,  OR
 NATIONAL ORIGIN.
   (G) "STATE AGENCY" SHALL MEAN ANY DEPARTMENT, DIVISION, BOARD, BUREAU,
 COMMISSION,  OFFICE,  AGENCY,  AUTHORITY  OR  PUBLIC  CORPORATION OF THE
 STATE.
   (H) "STATE LAW ENFORCEMENT AGENCY" SHALL MEAN THE  DIVISION  OF  STATE
 POLICE,  THE  DEPARTMENT  OF  CORRECTIONS AND COMMUNITY SUPERVISION, THE
 DIVISION OF LAW ENFORCEMENT IN THE DEPARTMENT OF ENVIRONMENTAL CONSERVA-
 TION, THE FINANCIAL FRAUDS AND CONSUMER PROTECTION  UNIT  OF  THE  STATE
 DEPARTMENT  OF  FINANCIAL  SERVICES,  THE OFFICE OF PROFESSIONAL MEDICAL
 CONDUCT OF THE STATE DEPARTMENT OF HEALTH FOR THE  PURPOSES  OF  SECTION
 TWO  HUNDRED  THIRTY  OF  THE  PUBLIC  HEALTH  LAW, THE CHILD PROTECTIVE
 SERVICES UNIT OF A LOCAL SOCIAL SERVICES  DISTRICT  WHEN  CONDUCTING  AN
 INVESTIGATION  PURSUANT TO SUBDIVISION SIX OF SECTION FOUR HUNDRED TWEN-
 TY-FOUR OF THE SOCIAL SERVICES LAW, THE  OFFICE  OF  MEDICAID  INSPECTOR
 GENERAL,  AND ANY OTHER STATE AGENCY AS DEFINED IN PARAGRAPH (G) OF THIS
 SECTION OR STATE AUTHORITY AS DEFINED  IN  SECTION  TWO  OF  THE  PUBLIC
 AUTHORITIES  LAW  THAT EMPLOYS INDIVIDUALS DESIGNATED AS POLICE OFFICERS
 PURSUANT TO SUBDIVISION THIRTY-FOUR OF  SECTION  1.20  OF  THE  CRIMINAL
 PROCEDURE LAW, BUT SHALL NOT INCLUDE ANY POLICE OFFICER OR PEACE OFFICER
 EMPLOYED  BY  ANY MUNICIPALITY AS DEFINED IN SECTION EIGHT HUNDRED THIR-
 TY-FIVE OF THIS ARTICLE OR ANY OTHER LOCAL AGENCY OR LOCAL AUTHORITY.
   2. (A) THE COMMISSIONER, THE SUPERINTENDENT OF  THE  DIVISION  OF  THE
 STATE  POLICE,  THE  COMMISSIONER  OF  THE DEPARTMENT OF CORRECTIONS AND
 COMMUNITY SUPERVISION, AND THE PERSON  IN  CHARGE  OF  EVERY  STATE  LAW
 ENFORCEMENT  AGENCY  AS  DEFINED  IN PARAGRAPH (H) OF SUBDIVISION ONE OF
 THIS SECTION SHALL ADOPT AND IMPLEMENT A TATTOO POLICY FOR  ALL  MEMBERS
 A. 8492                             3
 
 OF  SUCH  LAW  ENFORCEMENT  AGENCY WHO ARE DESIGNATED AS POLICE OFFICERS
 PURSUANT TO SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW  AND  ALL  APPLI-
 CANTS FOR EMPLOYMENT AS POLICE OFFICERS WITH SUCH AGENCY.
   (B) EACH POLICY ESTABLISHED PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVI-
 SION  SHALL  ESTABLISH  GUIDELINES  THAT  PERMIT APPROPRIATE TATTOOS AND
 PROHIBIT INAPPROPRIATE  OR  OFFENSIVE  TATTOOS  FOR  APPLICANTS  TO  AND
 MEMBERS  OF  SUCH  STATE LAW ENFORCEMENT AGENCIES IN ACCORDANCE WITH THE
 PROVISIONS OF THIS SECTION. EXCEPT AS PROVIDED IN SUBDIVISION  THREE  OF
 THIS  SECTION,  SUCH POLICY SHALL, AT MINIMUM, ALLOW POLICE OFFICERS AND
 APPLICANTS FOR EMPLOYMENT AS POLICE OFFICERS WITHIN SUCH AGENCY TO  HAVE
 SLEEVE  TATTOOS  AND NO MORE THAN ONE RING TATTOO ON EACH HAND BELOW THE
 JOINT OF THE BOTTOM SEGMENT (PORTION CLOSEST TO THE PALM) OF THE FINGER.
   (C) NOTHING IN THIS SECTION SHALL LIMIT THE AUTHORITY OF A  STATE  LAW
 ENFORCEMENT AGENCY TO ESTABLISH RULES PROHIBITING ANY TATTOO THAT IS NOT
 EXPLICITLY AUTHORIZED BY PARAGRAPH (B) OF THIS SUBDIVISION.
   3.  (A)  NOTWITHSTANDING  ANY  CONTRARY PROVISION OF LAW, EVERY TATTOO
 POLICY ADOPTED PURSUANT TO THIS SECTION SHALL PROHIBIT AND NO SUCH POLI-
 CY SHALL AUTHORIZE ANY OF THE FOLLOWING TATTOOS:
   (I) INDECENT TATTOOS;
   (II) SEXIST TATTOOS;
   (III) RACIST TATTOOS;
   (IV) GANG AFFILIATED TATTOOS;
   (V) EXTREMIST TATTOOS; OR
   (VI) ANY OTHER  TATTOO  THAT  DISPARAGES  ANY  RACE,  COLOR,  NATIONAL
 ORIGIN, ANCESTRY, GENDER, GENDER IDENTITY OR EXPRESSION, RELIGION, RELI-
 GIOUS PRACTICE, OR SEXUAL ORIENTATION.
   (B) BEGINNING ON THE EFFECTIVE DATE OF THIS SECTION AND THEREAFTER, NO
 PERSON WHO HAS ANY TATTOO DESCRIBED IN PARAGRAPH (A) OF THIS SUBDIVISION
 SHALL  BE  ELIGIBLE FOR PROVISIONAL OR PERMANENT APPOINTMENT AS A POLICE
 OFFICER IN ANY STATE LAW ENFORCEMENT AGENCY.
   4. NO STATE LAW ENFORCEMENT AGENCY SHALL BE AUTHORIZED TO ESTABLISH OR
 PERMIT AN EXCEPTION FOR ANY TATTOO PROHIBITED BY  SUBDIVISION  THREE  OF
 THIS  SECTION  UNLESS  SUCH  EXCEPTION  SHALL  HAVE BEEN APPROVED BY THE
 COMMISSIONER IN ACCORDANCE WITH RULES AND  REGULATIONS  PROMULGATED  FOR
 SUCH PURPOSE.
   §  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such effective date.