WHAT THIS BILL REGULATES · 2 REQUIREMENT TYPES
How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
(a) 1 For each document that an attorney files, or intends to file, in a court of appropriate jurisdiction of this state or federal court within this state, the attorney shall execute and maintain, for a period of seven years beginning on the date the document was created, an affidavit certifying whether a generative artificial intelligencegenerative artificial intelligence"generative artificial intelligence" means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments, and that uses machine- and human-based inputs to do all of the following: (1) Perceive real and virtual environments. (2) Abstract such perceptions into models through analysis in an automated manner. (3) Use model inference to formulate options for information or action.Bus. & Prof. Code § 6068.1(c) program was used in the drafting of the document. The affidavit shall be substantially in the following form: ARTIFICIAL INTELLIGENCE COMPLIANCE AFFIDAVIT The attached document, titled " __ ," complies with the artificial intelligence (AI) usage reporting requirement set forth in the State Bar Act because [check only ONE of the following options]: ____ No generative artificial intelligencegenerative artificial intelligence"generative artificial intelligence" means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments, and that uses machine- and human-based inputs to do all of the following: (1) Perceive real and virtual environments. (2) Abstract such perceptions into models through analysis in an automated manner. (3) Use model inference to formulate options for information or action.Bus. & Prof. Code § 6068.1(c) program was used in the drafting of this document. ____ A generative artificial intelligencegenerative artificial intelligence"generative artificial intelligence" means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments, and that uses machine- and human-based inputs to do all of the following: (1) Perceive real and virtual environments. (2) Abstract such perceptions into models through analysis in an automated manner. (3) Use model inference to formulate options for information or action.Bus. & Prof. Code § 6068.1(c) program was used in the drafting of this document, and all generated text, including all citations and legal analysis, has been reviewed for accuracy and approved by a human. (Signed) _________________________________________________________ Attorney for:_________________________________________________ Date:_________________________________________________
(b) 2 Upon request or order by a court of appropriate jurisdiction of this state or federal court within this state, the attorney shall file the affidavit with the court, provided that the retention period described in subdivision (a) has not yet expired.
(c) For purposes of this section, "generative artificial intelligencegenerative artificial intelligence"generative artificial intelligence" means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments, and that uses machine- and human-based inputs to do all of the following: (1) Perceive real and virtual environments. (2) Abstract such perceptions into models through analysis in an automated manner. (3) Use model inference to formulate options for information or action.Bus. & Prof. Code § 6068.1(c)" means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments, and that uses machine- and human-based inputs to do all of the following: (1) Perceive real and virtual environments. (2) Abstract such perceptions into models through analysis in an automated manner. (3) Use model inference to formulate options for information or action.
This section adds a new duty to the State Bar Act requiring every attorney to execute and maintain a sworn affidavit for each document filed or intended to be filed in a California state or federal court. The affidavit certifies whether generative artificial intelligence was used in drafting the document, and if so, that all AI-generated text—including citations and legal analysis—has been reviewed for accuracy and approved by a human. The affidavit must be retained for seven years from the date the document was created.
The affidavit is not automatically filed with the court; rather, it must be produced upon court request or order, provided the retention period has not expired. This design creates a documentation and record-retention obligation rather than a mandatory disclosure-at-filing obligation, giving courts discretion over when to demand the certification.