NY State Senate Bill 2025-S8021

Senate Bill S8021

2025-2026 Legislative Session

Prohibits certain officers of state law enforcement agencies from having certain offensive or inappropriate tattoos

download bill text pdf

Current Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 15, 2025	referred to codes

2025-S8021 (ACTIVE) - Details

See Assembly Version of this Bill:: A8492
Current Committee:: Senate Codes
Law Section:: Executive Law
Laws Affected:: Add §837-z, Exec L

2025-S8021 (ACTIVE) - Summary

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.

2025-S8021 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8021

SPONSOR: HINCHEY
 
TITLE OF BILL:

An act to amend the executive law, in relation to prohibiting certain
officers of state law enforcement agencies from having certain offensive
or inappropriate tattoos

 
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.

 
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inconsistent or outdated policies regarding visible tattoos.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-making by departments, and support diversity and inclusion in
law enforcement hiring and retention.

This policy also directly affects the veteran community as tattoos are
very rviiith 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 indi-
viduals 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 taw 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 21st 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.

2025-S8021 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8021
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               May 15, 2025
                                ___________
 
 Introduced  by  Sen. HINCHEY -- read twice and ordered printed, and when
   printed to be committed 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

 S. 8021                             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
 S. 8021                             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.

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