STATE OF NEW YORK
________________________________________________________________________
6651
2025-2026 Regular Sessions
IN ASSEMBLY
March 6, 2025
___________
Introduced by M. of A. DILAN -- read once and referred to the Committee
on Correction
AN ACT to amend the correction law and the civil practice law and rules,
in relation to the evidentiary standard for evidentiary and discipli-
nary hearings
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 137 of the correction law is amending by adding a
2 new subdivision 7 to read as follows:
3 7. The evidentiary standard for all evidentiary and disciplinary hear-
4 ings shall be a preponderance of the evidence.
5 § 2. Subdivision 4 of section 7803 of the civil practice law and rules
6 is amended to read as follows:
7 4. whether a determination made as a result of a hearing held, and at
8 which evidence was taken, pursuant to direction by law is, on the entire
9 record, supported by substantial evidence, or in the case of an eviden-
10 tiary or disciplinary hearing held pursuant to the correction law, a
11 preponderance of the evidence.
12 § 3. This act shall take effect on the ninetieth day after it shall
13 have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10352-01-5
