S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1264
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2019
                                ___________
 
 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  the
   admissibility  of  images, maps, locations, distances, calculations or
   other information for 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 amended
 by a chapter of the laws of 2018, amending the civil  practice  law  and
 rules  relating to judicial notice of an image, map, location, distance,
 calculation, or other information taken from a web mapping  service,  as
 proposed  in  legislative bills numbers S. 9061 and A. 11191, 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05826-01-9

 S. 1264                             2
 
 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
 presumption. 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
 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.
   [(e)]  (D) 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. The civil practice law and rules is amended by adding a new  rule
 4532-b to read as follows:
   §  4532-B.  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, IS ADMISSIBLE  IN  EVIDENCE  IF  SUCH
 IMAGE,  MAP, LOCATION, DISTANCE, CALCULATION, OR OTHER INFORMATION INDI-
 CATES THE DATE SUCH MATERIAL WAS CREATED AND SUBJECT TO A CHALLENGE 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  IN  EVIDENCE  AT  A TRIAL OR HEARING SHALL, AT LEAST THIRTY
 DAYS BEFORE THE TRIAL OR HEARING, GIVE NOTICE OF SUCH INTENT,  PROVIDING

 S. 1264                             3
 
 A  COPY OR SPECIFYING THE INTERNET ADDRESS AT WHICH SUCH IMAGE OR INFOR-
 MATION MAY BE INSPECTED. NO LATER THAN TEN  DAYS  BEFORE  THE  TRIAL  OR
 HEARING, OR LATER FOR GOOD CAUSE SHOWN, A PARTY UPON WHOM SUCH NOTICE IS
 SERVED  MAY  OBJECT  TO THE REQUEST TO ADMIT INTO EVIDENCE SUCH IMAGE OR
 INFORMATION, STATING THE GROUNDS FOR THE OBJECTION. UNLESS OBJECTION  IS
 MADE  PURSUANT TO THIS SUBDIVISION, THE COURT SHALL TAKE JUDICIAL NOTICE
 AND ADMIT INTO EVIDENCE SUCH IMAGE, MAP, LOCATION, DISTANCE, CALCULATION
 OR OTHER INFORMATION.
   § 3. This act shall take effect on the  same  date  and  in  the  same
 manner as a chapter of the laws of 2018, amending the civil practice law
 and  rules  relating  to  judicial  notice  of  an image, map, location,
 distance, calculation, or other information taken  from  a  web  mapping
 service,  as proposed in legislative bills numbers S. 9061 and A. 11191,
 takes effect.