A 9097: Requires disclosure of use of generative artificial intelligence to clients, criminal defendants, and the court.

  
  STATE OF NEW YORK ________________________________________________________________________ 9097 2025-2026 Regular Sessions  IN ASSEMBLY September 12, 2025 ___________ Introduced by M. of A. K. BROWN -- read once and referred to the Commit- tee on Judiciary AN ACT to amend the civil practice law and rules and the criminal proce- dure law, in relation to requiring disclosure of use of generative artificial intelligence The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The civil practice law and rules is amended by adding a new 2 rule 2107 to read as follows: 3 Rule 2107. Use of generative artificial intelligence. (a) For the 4 purposes of this section: 5 1. "generative artificial intelligence" shall mean the use of machine 6 learning technology, software, automation, and algorithms to perform 7 tasks, to make rules and/or predictions based on existing data sets and 8 instructions, including, but not limited to: 9 (A) any artificial system that performs tasks under varying and unpre- 10 dictable circumstances without significant human oversight, or that can 11 learn from experience and improve performance when exposed to data sets; 12 (B) an artificial system developed in computer software, physical 13 hardware, or other context that solves tasks requiring human-like 14 perception, cognition, planning, learning, communication, or physical 15 action; 16 (C) an artificial system designed to think or act like a human, 17 including cognitive architectures and neural networks; 18 (D) a set of techniques, including machine learning, that is designed 19 to approximate a cognitive task; and/or 20 (E) an artificial system designed to act rationally, including an 21 intelligent software agent or embodied robot that achieves goals using 22 perception, planning, reasoning, learning, communicating, decision-mak- 23 ing, and acting. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13617-01-5 
 A. 9097 2 1 2. "drafting" shall mean the substantive process of creating a paper 2 or file which shall include, but not be limited to, conducting research, 3 performing document review, and/or creating a paper or file. 4 (b) Each court shall inform all counsel and pro se litigants that of 5 the dangers of using generative artificial intelligence in performing 6 legal research, document review, and document creation and inform such 7 persons of the requirements of this rule. 8 (c) No paper or file shall be drafted with the use of generative arti- 9 ficial intelligence without the informed consent of the client after 10 being warned of the dangers of using generative artificial intelligence 11 in performing legal research, document review, and document creation. 12 (d) Any paper or file drafted with the assistance of generative arti- 13 ficial intelligence must attach to the filing a separate affidavit 14 disclosing such use and certifying that a human being has reviewed the 15 source material and verified that the artificially generated content is 16 accurate including, but not limited to, any case citations. 17 (e) Any paper or file drafted without the assistance of generative 18 artificial intelligence must attach to the filing a separate affidavit 19 stating such. 20 § 2. Paragraphs 4 and 5 of subdivision (a) of rule 5528 of the civil 21 practice law and rules, paragraph 5 as amended by chapter 730 of the 22 laws of 1963, are amended and a new paragraph 6 is added to read as 23 follows: 24 4. the argument for the appellant, which shall be divided into points 25 by appropriate headings distinctively printed; [and] 26 5. an appendix, which may be bound separately, containing only such 27 parts of the record on appeal as are necessary to consider the questions 28 involved, including those parts the appellant reasonably assumes will be 29 relied upon by the respondent; provided, however, that the appellate 30 division in each department may by rule applicable in the department 31 authorize an appellant at [his] the appellant's election to proceed upon 32 a record on appeal printed or reproduced in like manner as an appendix, 33 and in the event of such election an appendix shall not be required[.]; 34 and 35 6. if required by rule twenty-one hundred seven, a disclosure of the 36 use of generative artificial intelligence in the drafting of the brief 37 and certification that the content therein was reviewed and verified by 38 a human being. 39 § 3. The criminal procedure law is amended by adding a new section 40 10.50 to read as follows: 41 § 10.50 Use of generative artificial intelligence. 42 1. For the purposes of this section: 43 (a) "generative artificial intelligence" shall mean the use of machine 44 learning technology, software, automation, and algorithms to perform 45 tasks, to make rules and/or predictions based on existing data sets and 46 instructions, including, but not limited to: 47 (i) any artificial system that performs tasks under varying and unpre- 48 dictable circumstances without significant human oversight, or that can 49 learn from experience and improve performance when exposed to data sets; 50 (ii) an artificial system developed in computer software, physical 51 hardware, or other context that solves tasks requiring human-like 52 perception, cognition, planning, learning, communication, or physical 53 action; 54 (iii) an artificial system designed to think or act like a human, 55 including cognitive architectures and neural networks; 
 A. 9097 3 1 (iv) a set of techniques, including machine learning, that is designed 2 to approximate a cognitive task; and/or 3 (v) an artificial system designed to act rationally, including an 4 intelligent software agent or embodied robot that achieves goals using 5 perception, planning, reasoning, learning, communicating, decision-mak- 6 ing, and acting. 7 (b) "drafting" shall mean the substantive process of creating a paper 8 or file which shall include, but not be limited to, conducting research, 9 performing document review, and/or creating a paper or file. 10 2. Each court shall inform all counsel and pro se defendants that of 11 the dangers of using generative artificial intelligence in performing 12 legal research, document review, and document creation and inform such 13 persons of the requirements of this section. 14 3. No paper or file shall be drafted with the use of generative arti- 15 ficial intelligence without the informed consent of the defendant after 16 being warned of the dangers of using generative artificial intelligence 17 in performing legal research, document review, and document creation. 18 4. Any paper or file drafted with the assistance of generative artifi- 19 cial intelligence must attach to the filing a separate affidavit 20 disclosing such use and certifying that a human being has reviewed the 21 source material and verified that the artificially generated content is 22 accurate including, but not limited to, any case citations. 23 5. Any paper or file drafted without the assistance of generative 24 artificial intelligence must attach to the filing a separate affidavit 25 stating such. 26 § 4. This act shall take effect on the ninetieth day after it shall 27 have become a law.