New York S 2698: Relates to requiring disclosure of use of generative artificial intelligence in a civil action

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S02698 Summary:

BILL NOS02698 

&nbsp

SAME ASSAME AS A08546

&nbsp

SPONSORHOYLMAN-SIGAL

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Add R2107, amd R5528, CPLR

&nbsp

Requires certification of filings produced using generative artificial intelligence; requires the brief of an appellant to contain 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.

Go to top S02698 Actions:

BILL NOS02698 

&nbsp

01/22/2025REFERRED TO JUDICIARY

05/20/20251ST REPORT CAL.1201

05/21/20252ND REPORT CAL.

05/22/2025ADVANCED TO THIRD READING 

06/13/2025COMMITTED TO RULES

Go to topS02698 Committee&nbspVotes:

Go to topS02698 Floor&nbspVotes:

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

Go to topS02698 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 2698

 2025-2026 Regular Sessions

 IN SENATE

 January 22, 2025
 ___________

 Introduced by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and
 when printed to be committed to the Committee on Judiciary

 AN ACT to amend the civil practice law and rules, in relation to requir-
 ing disclosure of use of generative artificial intelligence in a civil
 action

 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. (a) Certification of filings produced using generative
 4 artificial intelligence. Any paper or file served that was drafted with
 5 the assistance of generative artificial intelligence must attach to the
 6 filing a separate affidavit disclosing such use and certifying that a
 7 human being has reviewed the source material and verified that the arti-
 8 ficially generated content is accurate.
 9 (b) For the purposes of this section, "generative artificial intelli-
 10 gence" shall mean the use of machine learning technology, software,
 11 automation, and algorithms to perform tasks, to make rules and/or
 12 predictions based on existing data sets and instructions, including, but
 13 not limited to:
 14 1. any artificial system that performs tasks under varying and unpre-
 15 dictable circumstances without significant human oversight, or that can
 16 learn from experience and improve performance when exposed to data sets;
 17 2. an artificial system developed in computer software, physical hard-
 18 ware, or other context that solves tasks requiring human-like percep-
 19 tion, cognition, planning, learning, communication, or physical action;
 20 3. an artificial system designed to think or act like a human, includ-
 21 ing cognitive architectures and neural networks;
 22 4. a set of techniques, including machine learning, that is designed
 23 to approximate a cognitive task; and/or

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD06121-01-5

 S. 2698 2

 1 5. an artificial system designed to act rationally, including an
 2 intelligent software agent or embodied robot that achieves goals using
 3 perception, planning, reasoning, learning, communicating, decision
 4 making, and acting.
 5 (c) Where no generative artificial intelligence was used in the draft-
 6 ing of a paper or file, no disclosure is required under this rule.
 7 § 2. Paragraphs 4 and 5 of subdivision (a) of rule 5528 of the civil
 8 practice law and rules, paragraph 5 as amended by chapter 730 of the
 9 laws of 1963, are amended and a new paragraph 6 is added to read as
 10 follows:
 11 4. the argument for the appellant, which shall be divided into points
 12 by appropriate headings distinctively printed; [and]
 13 5. an appendix, which may be bound separately, containing only such
 14 parts of the record on appeal as are necessary to consider the questions
 15 involved, including those parts the appellant reasonably assumes will be
 16 relied upon by the respondent; provided, however, that the appellate
 17 division in each department may by rule applicable in the department
 18 authorize an appellant at [his] the appellant's election to proceed upon
 19 a record on appeal printed or reproduced in l