S T A T E O F N E W Y O R K
________________________________________________________________________
8110
2023-2024 Regular Sessions
I N A S S E M B L Y
October 13, 2023
___________
Introduced by M. of A. VANEL -- read once and referred to the Committee
on Codes
AN ACT to amend the criminal procedure law and the civil practice law
and rules, in relation to the admissibility of evidence created or
processed by artificial intelligence
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The criminal procedure law is amended by adding a new
section 60.80 to read as follows:
§ 60.80 RULES OF EVIDENCE; ADMISSIBILITY OF EVIDENCE CREATED OR PROC-
ESSED BY ARTIFICIAL INTELLIGENCE.
1. EVIDENCE CREATED, IN WHOLE OR IN PART, BY ARTIFICIAL INTELLIGENCE
SHALL NOT BE RECEIVED INTO EVIDENCE IN A CRIMINAL PROCEEDING UNLESS THE
EVIDENCE IS SUBSTANTIALLY SUPPORTED BY INDEPENDENT AND ADMISSIBLE
EVIDENCE AND THE PROPONENT OF THE EVIDENCE ESTABLISHES THE RELIABILITY
AND ACCURACY OF THE SPECIFIC USE OF THE ARTIFICIAL INTELLIGENCE IN
CREATING THE EVIDENCE.
2. EVIDENCE PROCESSED, IN WHOLE OR IN PART, BY ARTIFICIAL INTELLIGENCE
SHALL NOT BE RECEIVED INTO EVIDENCE IN A CRIMINAL PROCEEDING UNLESS THE
PROPONENT OF THE EVIDENCE ESTABLISHES THE RELIABILITY AND ACCURACY OF
THE SPECIFIC USE OF THE ARTIFICIAL INTELLIGENCE IN PROCESSING THE
EVIDENCE.
3. EVIDENCE IS CREATED, IN WHOLE OR IN PART, BY ARTIFICIAL INTELLI-
GENCE WHERE THE ARTIFICIAL INTELLIGENCE PRODUCES NEW INFORMATION FROM
EXISTING INFORMATION NOT PRESENT IN OR REASONABLY DEDUCIBLE FROM THE
EXISTING INFORMATION.
4. EVIDENCE IS PROCESSED, IN WHOLE OR IN PART, BY ARTIFICIAL INTELLI-
GENCE WHERE THE ARTIFICIAL INTELLIGENCE PRODUCES A CONCLUSION BASED OFF
OF ITS ANALYSIS, INTERPRETATION, OR TRANSFORMATION OF EXISTING INFORMA-
TION WHERE SUCH CONCLUSION IS NOT REASONABLY DEDUCIBLE FROM THE EXISTING
INFORMATION.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13089-01-3
A. 8110 2
5. EVIDENCE IS NOT REASONABLY DEDUCIBLE FROM THE EXISTING INFORMATION
WHERE THE RELIABILITY OR ACCURACY OF THE INFORMATION CREATED OR CONCLU-
SION DRAWN FROM THE EXISTING INFORMATION WOULD BE SUBSTANTIALLY COMPRO-
MISED WITHOUT THE USE OF ARTIFICIAL INTELLIGENCE AS A RESULT OF THE
COMPLEXITY, UNCERTAINTY, OR SUBTLETY OF THE INFORMATION.
6. EVIDENCE IS SUBSTANTIALLY SUPPORTED BY INDEPENDENT AND ADMISSIBLE
EVIDENCE WHERE:
(A) THE INDEPENDENT EVIDENCE IS SEPARATE FROM, AND NOT DERIVED FROM,
THE ARTIFICIAL INTELLIGENCE THAT GENERATED THE ARTIFICIALLY CREATED
EVIDENCE;
(B) THE INDEPENDENT EVIDENCE IS ADMISSIBLE UNDER THE EXISTING RULES OF
EVIDENCE;
(C) THE INDEPENDENT EVIDENCE BEARS A CLOSE AND SIGNIFICANT RELATION-
SHIP TO THE ARTIFICIALLY CREATED EVIDENCE IN SUCH A MANNER THAT IT REIN-
FORCES OR CORROBORATES THE INFORMATION CREATED FROM THE ARTIFICIALLY
CREATED EVIDENCE.
7. THE RELIABILITY AND ACCURACY OF THE SPECIFIC USE OF THE ARTIFICIAL
INTELLIGENCE IN CREATING OR PROCESSING THE EVIDENCE IS SUFFICIENT WHERE
THE PROPONENT OF THE EVIDENCE HAS A QUALIFIED EXPERT TESTIFY AND SUCH
TESTIMONY IS SUFFICIENT TO PROVE THAT:
(A) THE SPECIFIC USE OF THE ARTIFICIAL INTELLIGENCE HAS BEEN VALIDATED
THROUGH RIGOROUS SCIENTIFIC OR TECHNICAL TESTING, DEMONSTRATING THAT IT
CONSISTENTLY PRODUCES ACCURATE AND RELIABLE RESULTS IN VARIED ENVIRON-
MENTS;
(B) THE ARTIFICIAL INTELLIGENCE HAS BEEN SUBJECTED TO TESTING OR
APPLICATION IN ENVIRONMENTS THAT ARE SIMILAR OR ANALOGOUS TO THE SPECIF-
IC CONTEXT IN WHICH IT IS BEING USED IN THE PROCEEDING AND SUCH TESTING
OR APPLICATION PRODUCED ACCURATE AND RELIABLE RESULTS;
(C) THE ARTIFICIAL INTELLIGENCE HAS NOT BEEN SUBJECTED TO ANY VARI-
ABLES THAT, BASED ON SCIENTIFIC OR TECHNICAL TESTING OF THE SYSTEM, HAVE
A SUBSTANTIAL PROBABILITY OF CAUSING A MATERIALLY INACCURATE OR UNRELI-
ABLE RESULT. IN ASSESSING THE PROBABILITY, THE COURT SHALL CONSIDER THE
WEIGHT OF THE ARTIFICIALLY CREATED EVIDENCE RELATIVE TO OTHER ADMITTED
EVIDENCE.
8. WHERE EXPERT TESTIMONY WOULD INCLUDE TRADE SECRETS, PRIVILEGED
GOVERNMENT INFORMATION, OR INFORMATION ABOUT LAW ENFORCEMENT TECHNIQUES
THAT, IF DISCLOSED, WOULD UNDULY COMPROMISE THEIR ABILITY TO EFFECTIVELY
USE THEIR SYSTEMS FOR THEIR INTENDED PURPOSE, THE COURT, IN ITS
DISCRETION, MAY IMPOSE APPROPRIATE MEASURES TO PROTECT SUCH INFORMATION.
§ 2. The civil practice law and rules is amended by adding a new
section 4551 to read as follows:
§ 4551. RULES OF EVIDENCE; ADMISSIBILITY OF EVIDENCE CREATED OR PROC-
ESSED BY ARTIFICIAL INTELLIGENCE. (A) EVIDENCE CREATED, IN WHOLE OR IN
PART, BY ARTIFICIAL INTELLIGENCE MAY NOT BE RECEIVED INTO EVIDENCE IN A
CIVIL PROCEEDING UNLESS THE EVIDENCE IS SUBSTANTIALLY SUPPORTED BY INDE-
PENDENT AND ADMISSIBLE EVIDENCE AND THE PROPONENT OF THE EVIDENCE ESTAB-
LISHES THE RELIABILITY AND ACCURACY OF THE SPECIFIC USE OF THE ARTIFI-
CIAL INTELLIGENCE IN CREATING THE EVIDENCE.
(B) EVIDENCE PROCESSED, IN WHOLE OR IN PART, BY ARTIFICIAL INTELLI-
GENCE MAY NOT BE RECEIVED INTO EVIDENCE IN A CIVIL PROCEEDING UNLESS THE
PROPONENT OF THE EVIDENCE ESTABLISHES THE RELIABILITY AND ACCURACY OF
THE SPECIFIC USE OF THE ARTIFICIAL INTELLIGENCE IN PROCESSING THE
EVIDENCE.
(C) EVIDENCE IS CREATED, IN WHOLE OR IN PART, BY ARTIFICIAL INTELLI-
GENCE WHERE THE ARTIFICIAL INTELLIGENCE PRODUCES NEW INFORMATION FROM
A. 8110 3
EXISTING INFORMATION NOT PRESENT IN OR REASONABLY DEDUCIBLE FROM THE
EXISTING INFORMATION.
(D) EVIDENCE IS PROCESSED, IN WHOLE OR IN PART, BY ARTIFICIAL INTELLI-
GENCE WHERE THE ARTIFICIAL INTELLIGENCE PRODUCES A CONCLUSION BASED OFF
OF ITS ANALYSIS, INTERPRETATION, OR TRANSFORMATION OF EXISTING INFORMA-
TION WHERE SUCH CONCLUSION IS NOT REASONABLY DEDUCIBLE FROM THE EXISTING
INFORMATION.
(E) EVIDENCE IS NOT REASONABLY DEDUCIBLE FROM THE EXISTING INFORMATION
WHERE THE RELIABILITY OR ACCURACY OF THE INFORMATION CREATED OR CONCLU-
SION DRAWN FROM THE EXISTING INFORMATION WOULD BE SUBSTANTIALLY COMPRO-
MISED WITHOUT THE USE OF ARTIFICIAL INTELLIGENCE AS A RESULT OF THE
COMPLEXITY, UNCERTAINTY, OR SUBTLETY OF THE INFORMATION.
(F) EVIDENCE IS SUBSTANTIALLY SUPPORTED BY INDEPENDENT AND ADMISSIBLE
EVIDENCE WHERE:
1. THE INDEPENDENT EVIDENCE IS SEPARATE FROM, AND NOT DERIVED FROM,
THE ARTIFICIAL INTELLIGENCE THAT GENERATED THE ARTIFICIALLY CREATED
EVIDENCE;
2. THE INDEPENDENT EVIDENCE IS ADMISSIBLE UNDER THE EXISTING RULES OF
EVIDENCE;
3. THE INDEPENDENT EVIDENCE BEARS A CLOSE AND SIGNIFICANT RELATIONSHIP
TO THE ARTIFICIALLY CREATED EVIDENCE IN SUCH A MANNER THAT IT REINFORCES
OR CORROBORATES THE INFORMATION CREATED FROM THE ARTIFICIALLY CREATED
EVIDENCE.
(G) THE RELIABILITY AND ACCURACY OF THE SPECIFIC USE OF THE ARTIFICIAL
INTELLIGENCE IN CREATING OR PROCESSING THE EVIDENCE IS SUFFICIENT WHERE
THE PROPONENT OF THE EVIDENCE HAS A QUALIFIED EXPERT TESTIFY AND SUCH
TESTIMONY IS SUFFICIENT TO PROVE THAT:
1. THE SPECIFIC USE OF THE ARTIFICIAL INTELLIGENCE HAS BEEN VALIDATED
THROUGH RIGOROUS SCIENTIFIC OR TECHNICAL TESTING, DEMONSTRATING THAT IT
CONSISTENTLY PRODUCES ACCURATE AND RELIABLE RESULTS IN VARIED ENVIRON-
MENTS;
2. THE ARTIFICIAL INTELLIGENCE HAS BEEN SUBJECTED TO TESTING OR APPLI-
CATION IN ENVIRONMENTS THAT ARE SIMILAR OR ANALOGOUS TO THE SPECIFIC
CONTEXT IN WHICH IT IS BEING USED IN THE PROCEEDING AND SUCH TESTING OR
APPLICATION PRODUCED ACCURATE AND RELIABLE RESULTS;
3. THE ARTIFICIAL INTELLIGENCE HAS NOT BEEN SUBJECTED TO ANY VARIABLES
THAT, BASED ON SCIENTIFIC OR TECHNICAL TESTING OF THE SYSTEM, HAVE A
SUBSTANTIAL PROBABILITY OF CAUSING A MATERIALLY INACCURATE OR UNRELIABLE
RESULT. IN ASSESSING THE PROBABILITY, THE COURT SHALL CONSIDER THE
WEIGHT OF THE ARTIFICIALLY CREATED EVIDENCE RELATIVE TO OTHER ADMITTED
EVIDENCE.
(H) WHERE EXPERT TESTIMONY WOULD INCLUDE TRADE SECRETS, PRIVILEGED
GOVERNMENT INFORMATION, OR INFORMATION ABOUT LAW ENFORCEMENT TECHNIQUES
THAT, IF DISCLOSED, WOULD UNDULY COMPROMISE THEIR ABILITY TO EFFECTIVELY
USE THEIR SYSTEMS FOR THEIR INTENDED PURPOSE, THE COURT, IN ITS
DISCRETION, MAY IMPOSE APPROPRIATE MEASURES TO PROTECT SUCH INFORMATION.
§ 3. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.