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Assembly Bill A6651

2025-2026 Legislative Session

Relates to the evidentiary standard for evidentiary and disciplinary hearings

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Current Bill Status - In Assembly Committee

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2025-A6651 (ACTIVE) - Details

See Senate Version of this Bill:
S6727
Current Committee:
Assembly Correction
Law Section:
Correction Law
Laws Affected:
Amd §137, Cor L; amd §7803, CPLR

2025-A6651 (ACTIVE) - Summary

Elevates the evidentiary standard for evidentiary and disciplinary hearings from substantial evidence to a preponderance of the evidence.

2025-A6651 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6651
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               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:
 
   Section 1. Section 137 of the correction law is amending by  adding  a
 new subdivision 7 to read as follows:
   7. THE EVIDENTIARY STANDARD FOR ALL EVIDENTIARY AND DISCIPLINARY HEAR-
 INGS SHALL BE A PREPONDERANCE OF THE EVIDENCE.
   § 2. Subdivision 4 of section 7803 of the civil practice law and rules
 is amended to read as follows:
   4.  whether a determination made as a result of a hearing held, and at
 which evidence was taken, pursuant to direction by law is, on the entire
 record, supported by substantial evidence, OR IN THE CASE OF AN  EVIDEN-
 TIARY  OR  DISCIPLINARY  HEARING  HELD PURSUANT TO THE CORRECTION LAW, A
 PREPONDERANCE OF THE EVIDENCE.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.
 
 
 

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10352-01-5

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