Provides that in any civil, criminal or family court proceeding, where evidence is offered and a party contends that such evidence has been fabricated by means of generative artificial intelligence, the court shall not, on that ground alone, conduct an inquiry into such alleged fabrication unless the party so contending makes a showing sufficient to support a reasonable inference that the evidence may not be authentic.

                STATE OF NEW YORK
        ________________________________________________________________________

                                          9390

                    IN SENATE

                                      March 6, 2026
                                       ___________

        Introduced  by  Sens.  CANZONERI-FITZPATRICK, PALUMBO, HELMING, MARTINS,
          MATTERA, MURRAY, RHOADS, ROLISON, WEBER  --  read  twice  and  ordered
          printed,  and when printed to be committed to the Committee on Judici-
          ary

        AN ACT to amend the civil practice law and rules, the criminal procedure
          law and the family court act, in relation to the rules of evidence and
          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 4540-b to read as follows:
     3    Rule  4540-b.  Rules of evidence; admissibility of evidence alleged to
     4  be fabricated by generative artificial intelligence. (a)  In  any  civil
     5  judicial proceeding, where evidence is offered and a party contends that
     6  such  evidence  has  been  fabricated,  in whole or in part, by means of
     7  generative artificial intelligence, the court shall not, on that  ground
     8  alone, conduct an inquiry into such alleged fabrication unless the party
     9  so  contending makes a showing sufficient to support a reasonable infer-
    10  ence that the evidence may not be authentic.
    11    (b) If the court determines  that  the  party  has  made  the  showing
    12  required  by subdivision (a) of this section, the evidence is admissible
    13  only upon a finding by the court that the party offering  such  evidence
    14  has  established,  by a preponderance of the evidence, that the evidence
    15  is authentic and relevant.
    16    (c) The provisions of this section apply to all evidence offered in  a
    17  civil  practice  proceeding that is subject to authentication under law,
    18  including evidence that would otherwise be deemed self-authenticating.
    19    § 2. The criminal procedure law is amended by  adding  a  new  section
    20  60.80 to read as follows:
    21  § 60.80 Rules  of  evidence;  admissibility  of  evidence  alleged to be
    22            fabricated by generative artificial intelligence.
    23    1. In any criminal proceeding, where evidence is offered and  a  party
    24  contends that such evidence has been fabricated, in whole or in part, by
    25  means  of  generative  artificial  intelligence, the court shall not, on

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15030-04-6
        S. 9390                             2

     1  that ground alone, conduct an  inquiry  into  such  alleged  fabrication
     2  unless  the  party so contending makes a showing sufficient to support a
     3  reasonable inference that the evidence may not be authentic.
     4    2.  If  the  court  determines  that  the  party  has made the showing
     5  required by subdivision one of this section, the evidence is  admissible
     6  only  upon  a finding by the court that the party offering such evidence
     7  has established, by a preponderance of the evidence, that  the  evidence
     8  is authentic and relevant.
     9    3.  The  provisions of this section apply to all evidence offered in a
    10  criminal proceeding that is subject to authentication under law, includ-
    11  ing evidence that would otherwise be deemed self-authenticating.
    12    § 3. The family court act is amended by adding a new section 164-a  to
    13  read as follows:
    14    §  164-a.  Rules  of evidence; admissibility of evidence alleged to be
    15  fabricated by generative artificial intelligence. (a) In any  proceeding
    16  under this act, where evidence is offered and a party contends that such
    17  evidence  has  been fabricated, in whole or in part, by means of genera-
    18  tive artificial intelligence, the court shall not, on that ground alone,
    19  conduct an inquiry into such alleged fabrication  unless  the  party  so
    20  contending  makes a showing sufficient to support a reasonable inference
    21  that the evidence may not be authentic.
    22    (b) If the court determines  that  the  party  has  made  the  showing
    23  required  by subdivision (a) of this section, the evidence is admissible
    24  only upon a finding by the court that the party offering  such  evidence
    25  has  established,  by a preponderance of the evidence, that the evidence
    26  is authentic and relevant.
    27    (c) The provisions of this section apply to all  evidence  offered  in
    28  any  proceeding  under  this act that is subject to authentication under
    29  law, including evidence that would otherwise be deemed self-authenticat-
    30  ing.
    31    § 4. This act shall take effect immediately.