AB 1651

Introduced by Assembly Member Dixon
 An act to add Section 6060.15 to the Business and Professions Code, relating to attorneys.
attorneys
State Bar of California: artificial intelligence.
Existing law, the State Bar Act, provides for the licensure and regulation of attorneys by the State Bar of California (State Bar), a public corporation governed by a board of trustees. Existing law authorizes the State Bar to establish an examining committee, also known as the Committee of Bar Examiners, with powers that include examining applicants for admission to practice law. Existing law requires an applicant for admission and licensure to practice law to meet specified requirements, including passing a general bar examination given by the examining committee, and authorizes certain experienced attorneys to take an attorneys’ examination instead. Existing law requires specified applicants to take a first-year law students’ examination administered by the examining committee.
Existing law defines “artificial intelligence” as, among other
			 things, a machine-based system that varies in its level of autonomy and that can generate outputs, which can influence physical or virtual environments.
This bill would require the State Bar to disclose, on its internet website, the use of artificial intelligence-generated content, as defined, in developing or administering the State Bar examinations described above. The bill would require the State Bar to disclose, on the cover page of study materials, the use of artificial intelligence-generated content in examination study material it, among other things, publishes or endorses. The bill would only require these disclosures for content developed by or at the explicit direction of the State Bar. The bill would apply these disclosure requirements regardless of whether the artificial intelligence-generated content is revised or reviewed by a natural person. The
			 bill would become operative on January 1, 2028.
The people of the State of California do enact as follows:
SECTION 1.
Section 6060.15 is added to the
Business and Professions Code
, to read:
6060.15.
(a) For purposes of this section:
(1) “Artificial intelligence” means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.
(2) “Artificial intelligence-generated content” means visual or textual content that is generated, in whole or in part, by generative artificial intelligence.
(3) “Generative artificial intelligence” means artificial intelligence that can generate
						derived synthetic content, including text, images, video, and audio, which emulates the structure and characteristics of the artificial intelligence’s training data.
(4) “State Bar examinations” means the general bar examination, the first-year law students’ examination, as described in Section 6060, and the attorneys’ examination as described in Section 6062.
(b) For any content developed by or at the explicit direction of the State Bar, the State Bar shall disclose the use of artificial intelligence-generated content in developing or administering the State Bar examinations, including any related question, performance
						test, answer key, or scoring rubric.
(c) For any content developed by or at the explicit direction of the State Bar, the State Bar shall disclose the use of any artificial intelligence-generated content in study material, including sample or practice questions, model answers, selected answers, outlines, explanations, or other instructional materials prepared, published, endorsed, or distributed by the State Bar for use by applicants for the State Bar examinations.
(d) Subdivisions (b) and (c) apply regardless of whether the artificial intelligence-generated content is revised or reviewed by a natural person.
(e) (1) A disclosure made pursuant to subdivision (b) shall be posted on the State Bar’s internet website 60 days before the examination in which the artificial intelligence-generated content is used.
(2) A disclosure made pursuant to subdivision (c) shall be made on the cover page of the study material.
(f) This section shall become operative on January 1, 2028.