S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9097
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                            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:
 
   Section 1. The civil practice law and rules is amended by adding a new
 rule 2107 to read as follows:
   RULE  2107.  USE  OF  GENERATIVE  ARTIFICIAL INTELLIGENCE. (A) FOR THE
 PURPOSES OF THIS SECTION:
   1. "GENERATIVE ARTIFICIAL INTELLIGENCE" SHALL MEAN THE USE OF  MACHINE
 LEARNING  TECHNOLOGY,  SOFTWARE,  AUTOMATION,  AND ALGORITHMS TO PERFORM
 TASKS, TO MAKE RULES AND/OR PREDICTIONS BASED ON EXISTING DATA SETS  AND
 INSTRUCTIONS, INCLUDING, BUT NOT LIMITED TO:
   (A) ANY ARTIFICIAL SYSTEM THAT PERFORMS TASKS UNDER VARYING AND UNPRE-
 DICTABLE  CIRCUMSTANCES WITHOUT SIGNIFICANT HUMAN OVERSIGHT, OR THAT CAN
 LEARN FROM EXPERIENCE AND IMPROVE PERFORMANCE WHEN EXPOSED TO DATA SETS;
   (B) AN ARTIFICIAL SYSTEM  DEVELOPED  IN  COMPUTER  SOFTWARE,  PHYSICAL
 HARDWARE,  OR  OTHER  CONTEXT  THAT  SOLVES  TASKS  REQUIRING HUMAN-LIKE
 PERCEPTION, COGNITION, PLANNING, LEARNING,  COMMUNICATION,  OR  PHYSICAL
 ACTION;
   (C)  AN  ARTIFICIAL  SYSTEM  DESIGNED  TO  THINK  OR ACT LIKE A HUMAN,
 INCLUDING COGNITIVE ARCHITECTURES AND NEURAL NETWORKS;
   (D) A SET OF TECHNIQUES, INCLUDING MACHINE LEARNING, THAT IS  DESIGNED
 TO APPROXIMATE A COGNITIVE TASK; AND/OR
   (E)  AN  ARTIFICIAL  SYSTEM  DESIGNED  TO ACT RATIONALLY, INCLUDING AN
 INTELLIGENT SOFTWARE AGENT OR EMBODIED ROBOT THAT ACHIEVES  GOALS  USING
 PERCEPTION,  PLANNING, REASONING, LEARNING, COMMUNICATING, DECISION-MAK-
 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
              

 
   2. "DRAFTING" SHALL MEAN THE SUBSTANTIVE PROCESS OF CREATING  A  PAPER
 OR FILE WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO, CONDUCTING RESEARCH,
 PERFORMING DOCUMENT REVIEW, AND/OR CREATING A PAPER OR FILE.
   (B)  EACH  COURT SHALL INFORM ALL COUNSEL AND PRO SE LITIGANTS THAT OF
 THE DANGERS OF USING GENERATIVE ARTIFICIAL  INTELLIGENCE  IN  PERFORMING
 LEGAL  RESEARCH,  DOCUMENT REVIEW, AND DOCUMENT CREATION AND INFORM SUCH
 PERSONS OF THE REQUIREMENTS OF THIS RULE.
   (C) NO PAPER OR FILE SHALL BE DRAFTED WITH THE USE OF GENERATIVE ARTI-
 FICIAL INTELLIGENCE WITHOUT THE INFORMED CONSENT  OF  THE  CLIENT  AFTER
 BEING  WARNED OF THE DANGERS OF USING GENERATIVE ARTIFICIAL INTELLIGENCE
 IN PERFORMING LEGAL RESEARCH, DOCUMENT REVIEW, AND DOCUMENT CREATION.
   (D) ANY PAPER OR FILE DRAFTED WITH THE ASSISTANCE OF GENERATIVE  ARTI-
 FICIAL  INTELLIGENCE  MUST  ATTACH  TO  THE  FILING A SEPARATE AFFIDAVIT
 DISCLOSING SUCH USE AND CERTIFYING THAT A HUMAN BEING HAS  REVIEWED  THE
 SOURCE  MATERIAL AND VERIFIED THAT THE ARTIFICIALLY GENERATED CONTENT IS
 ACCURATE INCLUDING, BUT NOT LIMITED TO, ANY CASE CITATIONS.
   (E) ANY PAPER OR FILE DRAFTED WITHOUT  THE  ASSISTANCE  OF  GENERATIVE
 ARTIFICIAL  INTELLIGENCE  MUST ATTACH TO THE FILING A SEPARATE AFFIDAVIT
 STATING SUCH.
   § 2. Paragraphs 4 and 5 of subdivision (a) of rule 5528 of  the  civil
 practice  law  and  rules,  paragraph 5 as amended by chapter 730 of the
 laws of 1963, are amended and a new paragraph 6  is  added  to  read  as
 follows:
   4.  the argument for the appellant, which shall be divided into points
 by appropriate headings distinctively printed; [and]
   5. an appendix, which may be bound separately,  containing  only  such
 parts of the record on appeal as are necessary to consider the questions
 involved, including those parts the appellant reasonably assumes will be
 relied  upon  by  the  respondent; provided, however, that the appellate
 division in each department may by rule  applicable  in  the  department
 authorize an appellant at [his] THE APPELLANT'S election to proceed upon
 a  record on appeal printed or reproduced in like manner as an appendix,
 and in the event of such election an appendix shall not be  required[.];
 AND
   6.  IF  REQUIRED BY RULE TWENTY-ONE HUNDRED SEVEN, A DISCLOSURE OF THE
 USE OF GENERATIVE ARTIFICIAL INTELLIGENCE IN THE DRAFTING OF  THE  BRIEF
 AND  CERTIFICATION THAT THE CONTENT THEREIN WAS REVIEWED AND VERIFIED BY
 A HUMAN BEING.
   § 3. The criminal procedure law is amended by  adding  a  new  section
 10.50 to read as follows:
 § 10.50 USE OF GENERATIVE ARTIFICIAL INTELLIGENCE.
   1. FOR THE PURPOSES OF THIS SECTION:
   (A) "GENERATIVE ARTIFICIAL INTELLIGENCE" SHALL MEAN THE USE OF MACHINE
 LEARNING  TECHNOLOGY,  SOFTWARE,  AUTOMATION,  AND ALGORITHMS TO PERFORM
 TASKS, TO MAKE RULES AND/OR PREDICTIONS BASED ON EXISTING DATA SETS  AND
 INSTRUCTIONS, INCLUDING, BUT NOT LIMITED TO:
   (I) ANY ARTIFICIAL SYSTEM THAT PERFORMS TASKS UNDER VARYING AND UNPRE-
 DICTABLE  CIRCUMSTANCES WITHOUT SIGNIFICANT HUMAN OVERSIGHT, OR THAT CAN
 LEARN FROM EXPERIENCE AND IMPROVE PERFORMANCE WHEN EXPOSED TO DATA SETS;
   (II) AN ARTIFICIAL SYSTEM DEVELOPED  IN  COMPUTER  SOFTWARE,  PHYSICAL
 HARDWARE,  OR  OTHER  CONTEXT  THAT  SOLVES  TASKS  REQUIRING HUMAN-LIKE
 PERCEPTION, COGNITION, PLANNING, LEARNING,  COMMUNICATION,  OR  PHYSICAL
 ACTION;
   (III)  AN  ARTIFICIAL  SYSTEM  DESIGNED  TO THINK OR ACT LIKE A HUMAN,
 INCLUDING COGNITIVE ARCHITECTURES AND NEURAL NETWORKS;
 A. 9097                             3
 
   (IV) A SET OF TECHNIQUES, INCLUDING MACHINE LEARNING, THAT IS DESIGNED
 TO APPROXIMATE A COGNITIVE TASK; AND/OR
   (V)  AN  ARTIFICIAL  SYSTEM  DESIGNED  TO ACT RATIONALLY, INCLUDING AN
 INTELLIGENT SOFTWARE AGENT OR EMBODIED ROBOT THAT ACHIEVES  GOALS  USING
 PERCEPTION,  PLANNING, REASONING, LEARNING, COMMUNICATING, DECISION-MAK-
 ING, AND ACTING.
   (B) "DRAFTING" SHALL MEAN THE SUBSTANTIVE PROCESS OF CREATING A  PAPER
 OR FILE WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO, CONDUCTING RESEARCH,
 PERFORMING DOCUMENT REVIEW, AND/OR CREATING A PAPER OR FILE.
   2.  EACH  COURT SHALL INFORM ALL COUNSEL AND PRO SE DEFENDANTS THAT OF
 THE DANGERS OF USING GENERATIVE ARTIFICIAL  INTELLIGENCE  IN  PERFORMING
 LEGAL  RESEARCH,  DOCUMENT REVIEW, AND DOCUMENT CREATION AND INFORM SUCH
 PERSONS OF THE REQUIREMENTS OF THIS SECTION.
   3. NO PAPER OR FILE SHALL BE DRAFTED WITH THE USE OF GENERATIVE  ARTI-
 FICIAL  INTELLIGENCE WITHOUT THE INFORMED CONSENT OF THE DEFENDANT AFTER
 BEING WARNED OF THE DANGERS OF USING GENERATIVE ARTIFICIAL  INTELLIGENCE
 IN PERFORMING LEGAL RESEARCH, DOCUMENT REVIEW, AND DOCUMENT CREATION.
   4. ANY PAPER OR FILE DRAFTED WITH THE ASSISTANCE OF GENERATIVE ARTIFI-
 CIAL  INTELLIGENCE  MUST  ATTACH  TO  THE  FILING  A  SEPARATE AFFIDAVIT
 DISCLOSING SUCH USE AND CERTIFYING THAT A HUMAN BEING HAS  REVIEWED  THE
 SOURCE  MATERIAL AND VERIFIED THAT THE ARTIFICIALLY GENERATED CONTENT IS
 ACCURATE INCLUDING, BUT NOT LIMITED TO, ANY CASE CITATIONS.
   5. ANY PAPER OR FILE DRAFTED  WITHOUT  THE  ASSISTANCE  OF  GENERATIVE
 ARTIFICIAL  INTELLIGENCE  MUST ATTACH TO THE FILING A SEPARATE AFFIDAVIT
 STATING SUCH.
   § 4. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.