STATE OF NEW YORK ________________________________________________________________________ 1338 2025-2026 Regular Sessions IN ASSEMBLY January 9, 2025 ___________ Introduced by M. of A. VANEL, BLUMENCRANZ, HYNDMAN, GLICK -- Multi-Spon- sored by -- M. of A. LEVENBERG -- read once and referred to the Committee on Codes AN ACT to amend the criminal procedure law and the civil practice law and rules, in relation to the admissibility of evidence created or processed by artificial intelligence The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The criminal procedure law is amended by adding a new 2 section 60.80 to read as follows: 3 § 60.80 Rules of evidence; admissibility of evidence created or proc- 4 essed by artificial intelligence. 5 1. Evidence created, in whole or in part, by artificial intelligence 6 shall not be received into evidence in a criminal proceeding unless the 7 evidence is substantially supported by independent and admissible 8 evidence and the proponent of the evidence establishes the reliability 9 and accuracy of the specific use of the artificial intelligence in 10 creating the evidence. 11 2. Evidence processed, in whole or in part, by artificial intelligence 12 shall not be received into evidence in a criminal proceeding unless the 13 proponent of the evidence establishes the reliability and accuracy of 14 the specific use of the artificial intelligence in processing the 15 evidence. 16 3. Evidence is created, in whole or in part, by artificial intelli- 17 gence where the artificial intelligence produces new information from 18 existing information not present in or reasonably deducible from the 19 existing information. 20 4. Evidence is processed, in whole or in part, by artificial intelli- 21 gence where the artificial intelligence produces a conclusion based off 22 of its analysis, interpretation, or transformation of existing informa- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04106-01-5A. 1338 2 1 tion where such conclusion is not reasonably deducible from the existing 2 information. 3 5. Evidence is not reasonably deducible from the existing information 4 where the reliability or accuracy of the information created or conclu- 5 sion drawn from the existing information would be substantially compro- 6 mised without the use of artificial intelligence as a result of the 7 complexity, uncertainty, or subtlety of the information. 8 6. Evidence is substantially supported by independent and admissible 9 evidence where: 10 (a) The independent evidence is separate from, and not derived from, 11 the artificial intelligence that generated the artificially created 12 evidence; 13 (b) The independent evidence is admissible under the existing rules of 14 evidence; 15 (c) The independent evidence bears a close and significant relation- 16 ship to the artificially created evidence in such a manner that it rein- 17 forces or corroborates the information created from the artificially 18 created evidence. 19 7. The reliability and accuracy of the specific use of the artificial 20 intelligence in creating or processing the evidence is sufficient where 21 the proponent of the evidence has a qualified expert testify and such 22 testimony is sufficient to prove that: 23 (a) The specific use of the artificial intelligence has been validated 24 through rigorous scientific or technical testing, demonstrating that it 25 consistently produces accurate and reliable results in varied environ- 26 ments; 27 (b) The artificial intelligence has been subjected to testing or 28 application in environments that are similar or analogous to the specif- 29 ic context in which it is being used in the proceeding and such testing 30 or application produced accurate and reliable results; 31 (c) The artificial intelligence has not been subjected to any vari- 32 ables that, based on scientific or technical testing of the system, have 33 a substantial probability of causing a materially inaccurate or unreli- 34 able result. In assessing the probability, the court shall consider the 35 weight of the artificially created evidence relative to other admitted 36 evidence. 37 8. Where expert testimony would include trade secrets, privileged 38 government information, or information about law enforcement techniques 39 that, if disclosed, would unduly compromise their ability to effectively 40 use their systems for their intended purpose, the court, in its 41 discretion, may impose appropriate measures to protect such information. 42 § 2. The civil practice law and rules is amended by adding a new 43 section 4552 to read as follows: 44 § 4552. Rules of evidence; admissibility of evidence created or proc- 45 essed by artificial intelligence. (a) Evidence created, in whole or in 46 part, by artificial intelligence may not be received into evidence in a 47 civil proceeding unless the evidence is substantially supported by inde- 48 pendent and admissible evidence and the proponent of the evidence estab- 49 lishes the reliability and accuracy of the specific use of the artifi- 50 cial intelligence in creating the evidence. 51 (b) Evidence processed, in whole or in part, by artificial intelli- 52 gence may not be received into evidence in a civil proceeding unless the 53 proponent of the evidence establishes the reliability and accuracy of 54 the specific use of the artificial intelligence in processing the 55 evidence.A. 1338 3 1 (c) Evidence is created, in whole or in part, by artificial intelli- 2 gence where the artificial intelligence produces new information from 3 existing information not present in or reasonably deducible from the 4 existing information. 5 (d) Evidence is processed, in whole or in part, by artificial intelli- 6 gence where the artificial intelligence produces a conclusion based off 7 of its analysis, interpretation, or transformation of existing informa- 8 tion where such conclusion is not reasonably deducible from the existing 9 information. 10 (e) Evidence is not reasonably deducible from the existing information 11 where the reliability or accuracy of the information created or conclu- 12 sion drawn from the existing information would be substantially compro- 13 mised without the use of artificial intelligence as a result of the 14 complexity, uncertainty, or subtlety of the information. 15 (f) Evidence is substantially supported by independent and admissible 16 evidence where: 17 1. The independent evidence is separate from, and not derived from, 18 the artificial intelligence that generated the artificially created 19 evidence; 20 2. The independent evidence is admissible under the existing rules of 21 evidence; 22 3. The independent evidence bears a close and significant relationship 23 to the artificially created evidence in such a manner that it reinforces 24 or corroborates the information created from the artificially created 25 evidence. 26 (g) The reliability and accuracy of the specific use of the artificial 27 intelligence in creating or processing the evidence is sufficient where 28 the proponent of the evidence has a qualified expert testify and such 29 testimony is sufficient to prove that: 30 1. The specific use of the artificial intelligence has been validated 31 through rigorous scientific or technical testing, demonstrating that it 32 consistently produces accurate and reliable results in varied environ- 33 ments; 34 2. The artificial intelligence has been subjected to testing or appli- 35 cation in environments that are similar or analogous to the specific 36 context in which it is being used in the proceeding and such testing or 37 application produced accurate and reliable results; 38 3. The artificial intelligence has not been subjected to any variables 39 that, based on scientific or technical testing of the system, have a 40 substantial probability of causing a materially inaccurate or unreliable 41 result. In assessing the probability, the court shall consider the 42 weight of the artificially created evidence relative to other admitted 43 evidence. 44 (h) Where expert testimony would include trade secrets, privileged 45 government information, or information about law enforcement techniques 46 that, if disclosed, would unduly compromise their ability to effectively 47 use their systems for their intended purpose, the court, in its 48 discretion, may impose appropriate measures to protect such information. 49 § 3. This act shall take effect on the first of January next succeed- 50 ing the date on which it shall have become a law.
Policy Tracker
Sets rules and procedures for the admissibility of evidence created or processed by artificial intelligence.
NY · Legislation · 2025 · A01338
Legislation
Introduced
Record updated Jan 7, 2026
Summary
Sets rules and procedures for the admissibility of evidence created or processed by artificial intelligence.
Timeline
2026-01-07
A
referred to codes
2025-01-09
A
referred to codes
Bill Text
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