S 6727: Elevates the evidentiary standard for evidentiary and disciplinary hearings from substantial evidence to a preponderance of the evidence.

  
  STATE OF NEW YORK ________________________________________________________________________ 6727 2025-2026 Regular Sessions  IN SENATE March 20, 2025 ___________ Introduced by Sen. SALAZAR -- read twice and ordered printed, and when printed to be committed to the Committee on Crime Victims, Crime and 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