Requires policing agencies to conduct an inventory of, and develop a publicly-available policy for, any artificial intelligence used to aid criminal investigations.

                STATE OF NEW YORK
        ________________________________________________________________________

                                          9253

                               2025-2026 Regular Sessions

                   IN ASSEMBLY

                                    November 21, 2025
                                       ___________

        Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
          Committee on Codes

        AN ACT to amend the executive law, in  relation  to  requiring  policing
          agencies  to conduct an inventory of, and develop a publicly-available
          policy for, any artificial intelligence used to aid criminal  investi-
          gations

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The executive law is amended by adding a new section  837-z
     2  to read as follows:
     3    §  837-z. Use of artificial intelligence by policing agencies. 1.  For
     4  the purposes of this section:
     5    (a) "Artificial intelligence" or "AI" means a machine-based technology
     6  that can infer from the input  it  receives  how  to  generate  outputs,
     7  including content, decisions, predictions, or recommendations.
     8    (b)  "Covered  AI" means any AI used to aid a law enforcement investi-
     9  gation, including by generating a  lead  for  further  investigation  or
    10  corroboration,  as  well  as generative AI technologies used to write or
    11  materially aid in writing police reports or other records relating to  a
    12  criminal investigation.
    13    (i)  Covered  AI  includes,  but  is not limited to, technologies that
    14  perform biometric identification;  forensic  DNA  phenotyping;  forensic
    15  investigative genetic genealogy; cross-camera tracking; vehicle surveil-
    16  lance  or  tracking  including  automated license plate readers; anomaly
    17  detection; gunshot detection;  person-based  predictive  policing;  risk
    18  scoring; behavioral analysis; sentiment analysis; convoy analysis; fraud
    19  detection;  analysis of financial transactions; social network or social
    20  media analysis.
    21    (ii) Covered AI does not mean AI that is used for administrative tasks
    22  that do not materially impact investigations, such as  productivity  and

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13978-02-5
        A. 9253                             2

     1  document  management  tools, or generative AI technologies used to check
     2  spelling or grammar.
     3    2. (a) On an annual basis, any law enforcement agency using covered AI
     4  shall  conduct  an inventory of all systems used by the agency and shall
     5  make publicly available, at minimum, the following information for  each
     6  system:
     7    (i) the name of each system, including the vendor and product name, if
     8  applicable;
     9    (ii)  a  brief  description  of each system's capabilities and limita-
    10  tions;
    11    (iii) a brief description of the type or types  of  data  inputs  each
    12  system uses and outputs it produces; and
    13    (iv)  a brief description of authorized and unauthorized uses for each
    14  system.
    15    (b) AI system inventory information is publicly available  in  accord-
    16  ance  with  this  subdivision  if  it is posted conspicuously on the law
    17  enforcement agency's website in a text-searchable format and is accessi-
    18  ble at no cost. If the law enforcement agency  employs  fewer  than  ten
    19  full-time  sworn officers and does not maintain a website, such informa-
    20  tion shall satisfy the requirements of this subdivision if  it  is  made
    21  available  upon  request,  consistent  with the disclosure response time
    22  established in article six of the public officers law, and at no cost to
    23  the requesting party.
    24    3. (a) (i) Any use of covered AI in a criminal investigation shall  be
    25  disclosed in a police report filed for that investigation.
    26    (ii)  Upon  arrest or citation following a criminal investigation, the
    27  police report shall be submitted to the  prosecuting  attorney's  office
    28  and made available to the individual under investigation.
    29    (iii)  Any use of covered AI by the law enforcement agency in a crimi-
    30  nal investigation subsequent to arrest shall be disclosed to the  prose-
    31  cuting  attorney's office and the individual under investigation as soon
    32  as practicable but no later than twenty calendar days following such use
    33  by the law enforcement agency.
    34    (iv) Disclosure of the use of covered AI  in  a  police  report  shall
    35  include, at minimum:
    36    (A) the name of the covered AI; and
    37    (B) a brief description of the covered AI's role in the investigation,
    38  including  whether  it  was  used  to generate an investigative lead, or
    39  identify or aid in the identification of a suspect, witness, or victim.
    40    (b) (i) A police report or  other  law  enforcement  record  generated
    41  during  a criminal investigation that was created in whole or in part by
    42  using generative AI shall:
    43    (A) include a disclaimer that the report or  record  contains  content
    44  generated by artificial intelligence;
    45    (B)  where  technically feasible, identify the specific content in the
    46  report that was generated by AI; and
    47    (C) include a certification by the author of the report or record that
    48  the author has read and reviewed the report or record for accuracy.
    49    (ii) The first draft of any report or record created in  whole  or  in
    50  part  by  using generative AI shall be retained for as long as the final
    51  report is retained.
    52    (iii) The program used to generate a draft or final report shall main-
    53  tain an audit trail that, at minimum, identifies:
    54    (A) the person who used AI to create or edit a report;
    55    (B) any changes made to the report following the initial draft; and
    56    (C) the video and audio footage used to create a report, if any.
        A. 9253                             3

     1    4. (a) Within ninety days of the effective date of this  section,  the
     2  attorney  general  shall create and publicly post on its website a model
     3  policy for the use of covered AI by law enforcement agencies that  meets
     4  or  exceeds the requirements described in paragraph (b) of this subdivi-
     5  sion.  The  attorney  general shall review the policy on an annual basis
     6  and update as necessary to reflect material changes to covered AI  tech-
     7  nologies or law enforcement use.
     8    (b) The model policy shall, at minimum:
     9    (i) include compliance with the requirements described in subdivisions
    10  two and three of this section;
    11    (ii)  describe the authorized uses for covered AI and ban any use that
    12  is not explicitly authorized; and
    13    (iii) include  an  acknowledgment  that  a  violation  of  the  policy
    14  described  in  this  section  may  result in administrative disciplinary
    15  action.
    16    (c) No later than ninety days after the issuance of the  model  policy
    17  described  in  this  subdivision each law enforcement agency shall adopt
    18  the model policy or a policy that meets or exceeds the  requirements  in
    19  the  model  policy.  A  policy adopted by a law enforcement agency under
    20  this paragraph shall be submitted to the attorney general and be  posted
    21  conspicuously  on  the  attorney  general's website in a text-searchable
    22  format and accessible at no cost.
    23    5. (a) The attorney general may investigate, and if warranted, bring a
    24  civil action against any agency or political subdivision to obtain equi-
    25  table or declaratory relief to enforce the provisions of this section.
    26    (b) Any person who resides within  the  jurisdiction  of  a  political
    27  subdivision  or  law  enforcement agency that is subject to the require-
    28  ments of this section may bring a civil  action  against  the  political
    29  subdivision or its law enforcement agency to obtain equitable or declar-
    30  atory  relief  to  enforce  the  provisions  of  subdivision two of this
    31  section and paragraph  (c)  of  subdivision  four  of  this  section.  A
    32  prevailing plaintiff shall be entitled to reasonable attorney's fees and
    33  costs.
    34    (c)  No  action  may  be commenced against a law enforcement agency or
    35  political subdivision  under  this  section  unless  the  plaintiff  has
    36  provided  written notice of the alleged violation to the agency or poli-
    37  tical subdivision at least ninety days prior to filing suit, in a manner
    38  that is reasonably calculated to enable the entity to cure  the  alleged
    39  violation.
    40    § 2. This act shall take effect immediately.