S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11191
 
                           I N  A S S E M B L Y
 
                               June 14, 2018
                                ___________
 
 Introduced by COMMITTEE ON RULES -- (at request of M. of A. Dinowitz) --
   read once and referred to the Committee on Judiciary
 
 AN  ACT  to amend the civil practice law and rules, in relation to judi-
   cial notice of an image,  map,  location,  distance,  calculation,  or
   other information taken from a web mapping service
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Rule 4511 of the civil practice law and  rules,  as  renum-
 bered by chapter 315 of the laws of 1962, is amended to read as follows:
   Rule  4511.  Judicial notice of law. (a) When judicial notice shall be
 taken without request. Every court shall take  judicial  notice  without
 request  of  the  common  law,  constitutions and public statutes of the
 United States and of every state,  territory  and  jurisdiction  of  the
 United  States and of the official compilation of codes, rules and regu-
 lations of the state except those that relate solely to the organization
 or internal management of an agency of the state and of all  local  laws
 and county acts.
   (b)  When  judicial notice may be taken without request; when it shall
 be taken on request.  Every  court  may  take  judicial  notice  without
 request  of  private  acts and resolutions of the congress of the United
 States and of the legislature of the state; ordinances  and  regulations
 of  officers,  agencies  or governmental subdivisions of the state or of
 the United States; and the laws of foreign countries or their  political
 subdivisions.    Judicial  notice shall be taken of matters specified in
 this subdivision if a party requests it, furnishes the court  sufficient
 information  to enable it to comply with the request, and has given each
 adverse party notice of his intention to request  it.  Notice  shall  be
 given  in  the pleadings or prior to the presentation of any evidence at
 the trial, but a court may require or permit other notice.
   (c) WHEN JUDICIAL NOTICE SHALL BE TAKEN BASED ON A REBUTTABLE PRESUMP-
 TION. EVERY COURT SHALL TAKE JUDICIAL NOTICE OF AN IMAGE, MAP, LOCATION,
 DISTANCE, CALCULATION, OR OTHER INFORMATION TAKEN  FROM  A  WEB  MAPPING
 SERVICE,  A  GLOBAL SATELLITE IMAGING SITE, OR AN INTERNET MAPPING TOOL,
 WHEN REQUESTED BY A  PARTY  TO  THE  ACTION,  SUBJECT  TO  A  REBUTTABLE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD16284-02-8

 A. 11191                            2
 
 PRESUMPTION  THAT  SUCH  IMAGE, MAP, LOCATION, DISTANCE, CALCULATION, OR
 OTHER INFORMATION FAIRLY AND ACCURATELY DEPICTS THE EVIDENCE  PRESENTED.
 THE  PRESUMPTION  ESTABLISHED  BY  THIS SUBDIVISION SHALL BE REBUTTED BY
 CREDIBLE  AND RELIABLE EVIDENCE THAT THE IMAGE, MAP, LOCATION, DISTANCE,
 CALCULATION, OR OTHER INFORMATION TAKEN FROM A WEB  MAPPING  SERVICE,  A
 GLOBAL  SATELLITE  IMAGING  SITE,  OR  AN INTERNET MAPPING TOOL DOES NOT
 FAIRLY AND ACCURATELY PORTRAY THAT WHICH IT IS BEING OFFERED TO PROVE. A
 PARTY INTENDING TO OFFER SUCH IMAGE OR INFORMATION AT A TRIAL OR HEARING
 SHALL, AT LEAST THIRTY DAYS BEFORE THE TRIAL OR HEARING, GIVE NOTICE  OF
 SUCH  INTENT,  PROVIDING  A  COPY  OR SPECIFYING THE INTERNET ADDRESS AT
 WHICH SUCH IMAGE OR INFORMATION MAY BE INSPECTED. NO LATER THAN TEN DAYS
 BEFORE THE TRIAL OR HEARING, A PARTY UPON WHOM SUCH NOTICE IS SERVED MAY
 OBJECT TO THE REQUEST FOR JUDICIAL NOTICE OF SUCH IMAGE OR  INFORMATION,
 STATING THE GROUNDS FOR THE OBJECTION. UNLESS OBJECTION IS MADE PURSUANT
 TO THIS SUBDIVISION, OR IS MADE AT TRIAL BASED UPON EVIDENCE WHICH COULD
 NOT  HAVE  BEEN DISCOVERED BY THE EXERCISE OF DUE DILIGENCE PRIOR TO THE
 TIME FOR OBJECTION OTHERWISE REQUIRED BY  THIS  SUBDIVISION,  THE  COURT
 SHALL TAKE JUDICIAL NOTICE OF SUCH IMAGE OR INFORMATION.
   (D)  Determination by court; review as matter of law. Whether a matter
 is judicially noticed or proof is taken, every matter specified in  this
 section shall be determined by the judge or referee, and included in his
 OR HER findings or charged to the jury. Such findings or charge shall be
 subject to review on appeal as a finding or charge on a matter of law.
   [(d)]  (E) Evidence to be received on matter to be judicially noticed.
 In considering whether a matter of law should be judicially noticed  and
 in determining the matter of law to be judicially noticed, the court may
 consider  any  testimony,  document,  information  or  argument  on  the
 subject, whether offered by  a  party  or  discovered  through  its  own
 research.   Whether or not judicial notice is taken, a printed copy of a
 statute or other written law or a proclamation, edict, decree  or  ordi-
 nance  by an executive contained in a book or publication, purporting to
 have been published by a government or commonly admitted as evidence  of
 the  existing law in the judicial tribunals of the jurisdiction where it
 is in force, is prima facie evidence of such law and  the  unwritten  or
 common  law  of  a  jurisdiction  may  be proved by witnesses or printed
 reports of cases of the courts of the jurisdiction.
   § 2. This act shall take effect immediately.