New York S 9390: Relates to the rules of evidence and the admissibility of evidence alleged to be fabricated by generative artificial intelligence

Bill Text

Bill Search and Legislative Information | New York State Assembly 

• 

• 

• 

• 

• 

• 

• 

• 

 Skip to main content 

 New York State Assembly

 Speaker Carl E. Heastie

 --> 
 --> 

 --> 

• 
 Assembly Members 

• 
 Legislative Info 

• 
 Public Hearings 

• 
 Speaker's Press 

• 
 Assembly Reports 

• 
 Committees & More 

• Bill Search Home
• Laws
• Legislative Calendar
• Public Hearing Schedule
• Assembly Calendars
• Assembly Committee Agenda 

 Javascript must be enabled to properly view this page. 

 Bill No.: 

• Summary 
• Actions 
• Committee&nbspVotes 
• Floor&nbspVotes 
• Memo 
• Text 
• LFIN 
• Chamber&nbspVideo/Transcript 
S09390 Summary:

BILL NOS09390 

&nbsp

SAME ASNo Same As

&nbsp

SPONSORCANZONERI-FITZPATRICK

&nbsp

COSPNSRPALUMBO, ASHBY, HELMING, MARTINS, MATTERA, MURRAY, RHOADS, ROLISON, WEBER, WEIK

&nbsp

MLTSPNSR

&nbsp

Add R4540-b, CPLR; add §60.80, CP L; add §164-f, Fam Ct Act

&nbsp

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.

Go to top S09390 Actions:

BILL NOS09390 

&nbsp

03/06/2026REFERRED TO JUDICIARY

Go to topS09390 Committee&nbspVotes:

Go to topS09390 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS09390 Text:

 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 artifi