S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9061
 
                             I N  S E N A T E
 
                               June 15, 2018
                                ___________
 
 Introduced  by Sen. GIANARIS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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

 S. 9061                             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.