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NY S09390: Provides that in any civil, criminal or family court proceeding, where evidence is offered and a party contends that such evidence has been fabricate…

In Committee New York · 2025–2026 session

Last verified Oct 29, 2026 · official bill text

S09390 · where it stands

1 of 5 steps complete
  1. Introduced In committee
  2. Passed first chamber
  3. Passed both chambers
  4. Enacted
  5. Effective
What do these statuses mean?
Introduced
Filed in the legislature; may be waiting for a committee hearing.
Passed a chamber
Approved by one or both chambers; awaiting further action.
Enacted
Signed into law, or became law without a signature or over a veto.
Effective date
The date the law says it takes effect. Once it has passed, the page shows "Effective" and the date. A court order can still block a law; if we know of one, the summary says so.
Dead / vetoed
Vetoed, failed, or the session ended without action.
View full title

Provides that in any civil, criminal or family court proceeding, where evidence is offered and a party contends that such evidence has been fabricated by means of generative artificial intelligence, the court shall not, on that ground alone, conduct an inquiry into such alleged fabrication unless…

In one paragraph

New York's S 9390 would add CPLR rule 4540-b, Criminal Procedure Law section 60.80 and a Family Court Act section on evidence a party contends was fabricated with generative AI. A court could not inquire into the alleged fabrication on that ground alone unless the contending party makes a showing sufficient to support a reasonable inference that the evidence may not be authentic. If that showing is made, the evidence is admissible only if the court finds by a preponderance of the evidence that the offering party has established authenticity and relevance. Referred to Judiciary March 6, 2026; it has not passed either chamber.

Plain-English summary, written with AI assistance. The official text controls.

What it means for business

None yet: the bill is pending. Litigants offering evidence could face an authenticity finding by a preponderance if the other side shows a reasonable inference of AI fabrication.

Key provisions

  1. Applies when a party contends offered evidence was fabricated in whole or in part using generative AI, in civil (CPLR), criminal (CPL) and Family Court proceedings
  2. The court may not inquire into the alleged fabrication on that ground alone
  3. An inquiry requires the contending party to show enough to support a reasonable inference that the evidence may not be authentic
  4. If that showing is made, the evidence is admissible only if the court finds by a preponderance that the offering party has established authenticity and relevance
  5. Applies to all evidence subject to authentication, including self-authenticating evidence; "generative artificial intelligence" is not defined
  6. No penalty, enforcer or private right of action; would take effect immediately

Latest legislative action

Mar 6, 2026. referred to judiciary

Sponsors (showing 5 of 11)

NameRoleDistrict
R Sponsor SD-008
R Sponsor SD-001
R Sponsor SD-003
R Sponsor SD-007
R Sponsor SD-043

Topics and industries

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This page is general information, not legal advice. Summaries are AI-assisted and may contain errors; read the statute for the controlling text and talk to a lawyer about your situation. Full disclaimer · Report an error

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