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

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A09097 Summary:

BILL NOA09097 

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SAME ASNo Same As

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SPONSORBrown K

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COSPNSRDeStefano

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MLTSPNSR

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Add R2107, amd R5528, CPLR; add §10.50, CP L

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

Go to top A09097 Actions:

BILL NOA09097 

&nbsp

09/12/2025referred to judiciary

01/07/2026referred to judiciary

Go to topA09097 Committee&nbspVotes:

Go to topA09097 Floor&nbspVotes:

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

Go to topA09097 Text:

 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, wh