STATE OF NEW YORK ________________________________________________________________________ 10425 IN SENATE May 15, 2026 ___________ Introduced by Sen. GONZALEZ -- read twice and ordered printed, and when printed to be committed 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-ww 2 to read as follows: 3 § 837-ww. 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 and probabi- 15 listic genotyping; forensic investigative genetic genealogy; cross-cam- 16 era tracking; vehicle surveillance or tracking including automated 17 license plate readers; anomaly detection; gunshot detection; person- 18 based predictive policing; risk scoring; behavioral analysis; sentiment 19 analysis; convoy analysis; fraud detection; analysis of financial trans- 20 actions; social network or social media analysis; location analysis, 21 data fusion and intelligence analysis platforms. 22 (ii) Covered AI does not mean AI that is used for administrative tasks 23 that do not materially impact investigations, such as productivity and 24 document management tools, or generative AI technologies used to check 25 spelling or grammar. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13978-07-6S. 10425 2 1 (iii) "Use" means operating or accessing a covered AI or data derived 2 therefrom, regardless of whether such system or data is owned by the 3 police agency, another public agency, or a private individual or entity. 4 2. (a) At least ninety days prior to the use of a new covered AI prod- 5 uct, the law enforcement agency shall publish a publicly available 6 disclosure. For covered AI products already in use, the agency shall 7 publish a disclosure within one hundred eighty days of the effective 8 date of this section. Each disclosure shall, at a minimum, include: 9 (i) the name of each system, including the vendor and product name, if 10 applicable; 11 (ii) a brief description of each system's capabilities and limita- 12 tions; 13 (iii) a brief description of the type or types of data inputs each 14 system uses and outputs it produces; and 15 (iv) a brief description of authorized and unauthorized uses for each 16 system; and 17 (v) copies of all internal validation summaries and internal perform- 18 ance checks for each system. 19 (b) AI system inventory information is publicly available in accord- 20 ance with this subdivision if it is posted conspicuously on the law 21 enforcement agency's website in a text-searchable format and is accessi- 22 ble at no cost. If the police agency employs fewer than ten full-time 23 sworn officers and does not maintain a website, such information shall 24 satisfy the requirements of this subdivision if it is made available 25 upon request, consistent with the disclosure response time established 26 in article six of the public officers law, and at no cost to the 27 requesting party. 28 (c) When an agency seeks to acquire or acquires enhancements or addi- 29 tions to covered AI products, or when the product's capabilities are 30 materially changed, the agency shall amend the disclosure within ninety 31 days of the change. 32 3. (a) (i) Any use of covered AI in a criminal investigation shall be 33 disclosed in a police report filed for that investigation. 34 (ii) Upon arrest or citation following a criminal investigation, the 35 police report shall be submitted to the prosecuting attorney's office as 36 well as to the individual under investigation, by and through the indi- 37 vidual's attorney if the individual is represented. 38 (iii) Any use of covered AI by the police agency in a criminal inves- 39 tigation subsequent to arrest shall be disclosed to the prosecuting 40 attorney's office and to the individual under investigation, by and 41 through the individual's attorney if the individual is represented, as 42 soon as practicable but no later than twenty calendar days following 43 such use by the police agency. 44 (iv) Disclosure of the use of covered AI in a police report shall 45 include, at minimum: 46 (A) the name of the covered AI; and 47 (B) a brief description of the covered AI's role in the investigation, 48 including whether it was used to generate an investigative lead, or 49 identify or aid in the identification of a suspect, witness, or victim. 50 (b) (i) A police report or other law enforcement record generated 51 during a criminal investigation that was created in whole or in part by 52 using generative AI shall: 53 (A) include a disclaimer that the report or record contains content 54 generated by artificial intelligence; 55 (B) where technically feasible, identify the specific content in the 56 report that was generated by AI; andS. 10425 3 1 (C) include a certification by the author of the report or record that 2 the author has read and reviewed the report or record for accuracy. 3 (ii) The first draft of any report or record created in whole or in 4 part by using generative AI shall be retained for as long as the final 5 report is retained. 6 (iii) The program used to generate a draft or final report shall main- 7 tain an audit trail that, at minimum, identifies: 8 (A) the person who used AI to create or edit a report; 9 (B) any changes made to the report following the initial draft; and 10 (C) all materials used to create a report, including but not limited 11 to video footage, audio footage, photographs, reports, phone records, 12 and other inputs. 13 4. (a) Within ninety days of the effective date of this section, the 14 attorney general shall create and publicly post on its website a model 15 policy for the use of covered AI by police agencies that meets or 16 exceeds the requirements described in paragraph (b) of this subdivision. 17 The attorney general shall review the policy on an annual basis and 18 update as necessary to reflect material changes to covered AI technolo- 19 gies or law enforcement use. 20 (b) The model policy shall, at minimum: 21 (i) include compliance with the requirements described in subdivisions 22 two and three of this section; 23 (ii) describe the authorized uses for covered AI and ban any use that 24 is not explicitly authorized; and 25 (iii) include an acknowledgment that a violation of the policy 26 described in this section may result in administrative disciplinary 27 action. 28 (c) No later than ninety days after the issuance of the model policy 29 described in this subdivision each police agency shall adopt the model 30 policy or a policy that meets or exceeds the requirements in the model 31 policy. A policy adopted by a police agency under this paragraph shall 32 be submitted to the attorney general and be posted conspicuously on the 33 attorney general's website in a text-searchable format and accessible at 34 no cost. 35 5. (a) The attorney general may investigate, and if warranted, bring a 36 civil action against any agency or political subdivision to obtain equi- 37 table or declaratory relief to enforce the provisions of this section. 38 (b) Any person who resides within the jurisdiction of a political 39 subdivision or police agency that is subject to the requirements of this 40 section may bring a civil action against the political subdivision or 41 its police agency to obtain equitable or declaratory relief to enforce 42 the provisions of subdivision two of this section and paragraph (c) of 43 subdivision four of this section. A prevailing plaintiff shall be enti- 44 tled to reasonable attorney's fees and costs. 45 (c) No action may be commenced against a police agency or political 46 subdivision under this section unless the plaintiff has provided written 47 notice of the alleged violation to the agency or political subdivision 48 at least ninety days prior to filing suit, in a manner that is reason- 49 ably calculated to enable the entity to cure the alleged violation. 50 § 2. This act shall take effect immediately.
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Requires policing agencies to conduct an inventory of, and develop a publicly-available policy for, any artificial intelligence used to aid criminal investigations.
NY · Legislation · 2025 · S10425
LegislationAI
Introduced
Record updated May 15, 2026
Summary
Requires policing agencies to conduct an inventory of, and develop a publicly-available policy for, any artificial intelligence used to aid criminal investigations.
Timeline
2026-05-15
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REFERRED TO CODES
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