AI Frontier Institute

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 the party so contending makes a showing sufficient to support a reasonable inference that the evidence may not be authentic.

View primary source →

New York Senate Bill 9390 (2026) has not been enacted. It was referred to the Judiciary Committee on March 6, 2026. If enacted, it would add parallel evidence rules for claims that evidence was fabricated by generative AI. The rules would go in three places: civil practice law and rules Rule 4540-b (civil cases), criminal procedure law § 60.80 (criminal cases), and family court act § 164-a (Family Court proceedings). In each, a court may not inquire into an alleged generative-AI fabrication, in whole or in part, on that ground alone. The party making the claim must first show enough 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 the offering party has proven by a preponderance of the evidence that it is authentic and relevant. The rules would apply to all evidence subject to authentication under law, including evidence that would otherwise be self-authenticating. Under § 4, the act would take effect immediately.

← Back to the tracker