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If you use AI to generate or process evidence in New York, you must ensure its reliability and support it with independent evidence or face legal challenges.
State
New York
Bill Number
S08390
Status
Introduced
Risk Level
High
Category
Comprehensive
Effective Date
Sep 26, 2025
Last Action
Jan 26, 2024
Last Verified
May 1, 2026
Data Updated
May 1, 2026
What do these statuses mean?▼
Introduced— Filed in the legislature; not yet heard in committee
In Committee— Assigned to and being reviewed by a legislative committee
Passed— Approved by one or both chambers; awaiting further action
Signed / Enacted— Signed into law by the governor; may or may not be in effect yet
Dead / Vetoed— Vetoed, failed to pass, or session expired without action
Unknown— Status data not yet available or awaiting classification
The proposed legislation in New York sets forth specific criteria for the admissibility of evidence generated or processed by artificial intelligence in both criminal and civil cases. It requires that such evidence be supported by independent, admissible evidence and that its reliability is established. This bill will impact legal practitioners and organizations utilizing AI in evidence generation or processing.
Key Provisions
Evidence created by AI requires independent support to be admissible.
Proponents must establish the reliability of AI in evidence creation or processing.
Definitions clarify what constitutes AI-created or processed evidence.
Expert testimony is needed to validate AI's reliability.
Independent evidence must not be derived from the AI that generated the evidence.
The court may protect sensitive information in expert testimony.
Latest Legislative Action
REFERRED TO CODES
Bill Sponsors
Name
Role
District
Jeremy CooneyD
Sponsor
SD-056
Compliance Checklist
Establish the reliability of AI-generated evidence with independent support Who: Proponents of evidence in legal proceedings Penalty: Evidence may be excluded from proceedings
Provide expert testimony validating AI's use in evidence processing Who: Proponents of evidence in legal proceedings Penalty: Evidence may be excluded from proceedings
This bill mandates that evidence created or processed by artificial intelligence cannot be admitted in criminal or civil proceedings unless it meets specific criteria. The proponent of such evidence must demonstrate its reliability and accuracy, supported by independent evidence that is admissible under existing rules. The bill defines what constitutes evidence created or processed by AI and outlines the necessary expert testimony to validate the AI's use. Compliance is required from all parties utilizing AI in legal contexts, and failure to adhere to these standards could result in the exclusion of evidence. This legislation reflects a growing trend in regulating AI's role in legal processes, similar to measures being considered in other states.
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