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inconsistent or outdated policies regarding visible tattoos.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.
