AB 1651: State Bar of California: artificial intelligence.

Existing law, the State Bar Act, provides for the licensure and regulation of attorneys by the State Bar of California (State Bar), a public corporation governed by a board of trustees. Existing law authorizes the State Bar to establish an examining committee, also known as the Committee of Bar Examiners, with powers that include examining applicants for admission to practice law. Existing law requires an applicant for admission and licensure to practice law to meet specified requirements, including passing a general bar examination given by the examining committee, and authorizes certain experienced attorneys to take an attorneys’ examination instead. Existing law requires specified applicants to take a first-year law students’ examination administered by the examining committee.

Existing law defines “artificial intelligence” as, among other things, a machine-based system that varies in its level of autonomy and that can generate outputs, which can influence physical or virtual environments.

This bill would require the State Bar to disclose, on its internet website, the use of artificial intelligence-generated content, as defined, in developing or administering the State Bar examinations described above. The bill would require the State Bar to disclose, on the cover page of study materials, the use of artificial intelligence-generated content in examination study material it, among other things, publishes or endorses. The bill would only require these disclosures for content developed by or at the explicit direction of the State Bar. The bill would apply these disclosure requirements regardless of whether the artificial intelligence-generated content is revised or reviewed by a natural person. The bill would become operative on January 1, 2028.