S T A T E O F N E W Y O R K
________________________________________________________________________
8021--A
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 -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11674-03-5
S. 8021--A 2
PRACTICE, OR SEXUAL ORIENTATION OR ANY OTHER STATUS PROTECTED BY FEDERAL
LAW OR THE LAWS OF THIS STATE;
(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" IS DEFINED AS A MARK ON THE BODY OF A PERSON MADE WITH
INDELIBLE INK OR PIGMENTS INJECTED BENEATH THE OUTER LAYER OF THE SKIN
THAT IS PERMANENT AND DIFFICULT TO REVERSE OR REMOVE IN TERMS OF FINAN-
CIAL COST, DISCOMFORT, AND EFFECTIVENESS OF REMOVAL TECHNIQUES. FOR
PURPOSES OF THIS SECTION, "TATTOO" SHALL ALSO INCLUDE MARKS MADE ON THE
BODY OF A PERSON BY METHOD OF BRANDING OR SCARRING THAT ARE PERMANENT
AND DIFFICULT TO REVERSE OR REMOVE IN TERMS OF FINANCIAL COST, DISCOM-
FORT, 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, 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 OR INDIVIDUALS DESIGNATED AS PEACE OFFICERS PURSUANT TO
SUBDIVISION TWENTY-FIVE OF SECTION 2.10 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 THIRTY-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
S. 8021--A 3
THIS SECTION SHALL ADOPT AND IMPLEMENT A TATTOO POLICY FOR ALL MEMBERS
OF SUCH LAW ENFORCEMENT AGENCY WHO ARE DESIGNATED AS POLICE OFFICERS
PURSUANT TO SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW OR AS PEACE OFFI-
CERS PURSUANT TO SUBDIVISION TWENTY-FIVE OF SECTION 2.10 OF THE CRIMINAL
PROCEDURE LAW AND ALL APPLICANTS FOR EMPLOYMENT IN SUCH POSITIONS 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:
(I) PERMIT SUCH POLICE OFFICERS AND PEACE OFFICERS AND APPLICANTS FOR
EMPLOYMENT AS POLICE OFFICERS AND PEACE OFFICERS WITHIN SUCH AGENCY TO
HAVE ARM, LEG, BACK, OR TORSO TATTOOS, INCLUDING SLEEVE TATTOOS,
PROVIDED HOWEVER THAT SUCH POLICIES MAY REQUIRE THE COVERING OF SUCH
TATTOOS IN THE COURSE OF EMPLOYMENT;
(II) PROHIBIT HAND TATTOOS WITH THE EXCEPTION OF NO MORE THAN ONE RING
TATTOO ON EACH HAND BELOW THE JOINT OF THE BOTTOM SEGMENT (PORTION CLOS-
EST TO THE PALM) OF THE FINGER; AND
(III) PROHIBIT HAND, FACE, AND NECK TATTOOS.
(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 OR PEACE 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.
