S01264 Summary:

BILL NOS01264
 
SAME ASSAME AS A01489
 
SPONSORGIANARIS
 
COSPNSR
 
MLTSPNSR
 
Amd R4511, add R4532-b, CPLR (as proposed in S.9061 and A.11191)
 
Relates to the admissibility of images, maps, locations, distances, calculations or other information taken from a web mapping service; provides such shall be admissible if the date such material was created is included and provides such admissibility shall be subject to challenge.
Go to top    

S01264 Actions:

BILL NOS01264
 
01/11/2019REFERRED TO RULES
01/14/2019ORDERED TO THIRD READING CAL.18
01/15/2019PASSED SENATE
01/15/2019DELIVERED TO ASSEMBLY
01/15/2019referred to judiciary
02/11/2019substituted for a1489
02/11/2019ordered to third reading cal.25
03/11/2019passed assembly
03/11/2019returned to senate
Go to top

S01264 Committee Votes:

Go to top

S01264 Floor Votes:

DATE:03/11/2019Assembly Vote  YEA/NAY: 96/43
AbbateERCrespoYGanttERLiPetriNOPerryYSimonY
AbinantiYCrouchNOGarbarinoNOLupardoYPheffer AmatoYSimotasY
ArroyoYCruzYGiglioNOMagnarelliYPichardoYSmithNO
AshbyNOCusickYGlickYMalliotakisNOPretlowYSmullenNO
AubryYCymbrowitzYGoodellNOManktelowNOQuartYSolagesY
BarclayNODavilaERGottfriedYMcDonaldYRaNOStecNO
BarnwellNODe La RosaYGriffinYMcDonoughNORaiaNOSteckY
BarrettYDenDekkerYGuntherYMcMahonYRamosYSternY
BarronYDeStefanoNOHawleyNOMikulinNORaynorYStirpeY
BenedettoYDickensYHevesiYMill B NOReillyNOTagueNO
BichotteYDilanYHunterYMill MGYReyesYTaylorY
BlakeYDinowitzYHyndmanYMill MLERRichardsonYThieleY
BlankenbushNODiPietroNOJacobsonYMontesanoNORiveraYTitusER
BrabenecNOD'UrsoYJaffeeYMorinelloNORodriguezERVanelY
BraunsteinYEichensteinYJean-PierreYMosleyYRomeoYWalczykNO
BronsonYEnglebrightYJohnsNONiouYRose D YWalkerY
BuchwaldYEpsteinYJonesYNolanYRose L YWallaceY
BurkeYFahyYJoynerERNorrisNORozicYWalshNO
ButtenschonYFallYKimYO'DonnellERRyanYWeinsteinY
ByrneNOFernandezYKolbNOOrtizYSalkaERWeprinY
ByrnesNOFinchERLalorNOOtisYSantabarbaraNOWilliamsY
CahillYFitzpatrickNOLavineYPalmesanoNOSayeghYWoernerY
CarrollYFriendNOLawrenceNOPalumboNOSchimmingerNOWrightY
ColtonYFrontusERLentolYPaulinYSchmittNOZebrowskiY
CookYGalefYLiftonYPeoples-StokesYSeawrightYMr SpkrY

Go to top

S01264 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1264
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                    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:
 
     1    Section  1.  Rule 4511 of the civil practice law and rules, as amended
     2  by a chapter of the laws of 2018, amending the civil  practice  law  and
     3  rules  relating to judicial notice of an image, map, location, distance,
     4  calculation, or other information taken from a web mapping  service,  as
     5  proposed  in  legislative bills numbers S. 9061 and A. 11191, is amended
     6  to read as follows:
     7    Rule 4511. Judicial notice of law. (a) When judicial notice  shall  be
     8  taken  without  request.  Every court shall take judicial notice without
     9  request of the common law, constitutions  and  public  statutes  of  the
    10  United  States  and  of  every  state, territory and jurisdiction of the
    11  United States and of the official compilation of codes, rules and  regu-
    12  lations of the state except those that relate solely to the organization
    13  or  internal  management of an agency of the state and of all local laws
    14  and county acts.
    15    (b) When judicial notice may be taken without request; when  it  shall
    16  be  taken  on  request.  Every  court  may  take judicial notice without
    17  request of private acts and resolutions of the congress  of  the  United
    18  States  and  of the legislature of the state; ordinances and regulations
    19  of officers, agencies or governmental subdivisions of the  state  or  of
    20  the  United States; and the laws of foreign countries or their political
    21  subdivisions.  Judicial notice shall be taken of  matters  specified  in
    22  this  subdivision if a party requests it, furnishes the court sufficient
    23  information to enable it to comply with the request, and has given  each
    24  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
 
     1  given in the pleadings or prior to the presentation of any  evidence  at
     2  the trial, but a court may require or permit other notice.
     3    (c)  [When  judicial  notice  shall  be  taken  based  on a rebuttable
     4  presumption. Every court shall take judicial notice of  an  image,  map,
     5  location,  distance,  calculation, or other information taken from a web
     6  mapping service, a global satellite imaging site, or an internet mapping
     7  tool, when requested by a party to the action, subject to  a  rebuttable
     8  presumption  that  such  image, map, location, distance, calculation, or
     9  other information fairly and accurately depicts the evidence  presented.
    10  The  presumption  established  by  this subdivision shall be rebutted by
    11  credible and reliable evidence that the image, map, location,  distance,
    12  calculation,  or  other  information taken from a web mapping service, a
    13  global satellite imaging site, or an  internet  mapping  tool  does  not
    14  fairly and accurately portray that which it is being offered to prove. A
    15  party intending to offer such image or information at a trial or hearing
    16  shall,  at least thirty days before the trial or hearing, give notice of
    17  such intent, providing a copy or  specifying  the  internet  address  at
    18  which such image or information may be inspected. No later than ten days
    19  before the trial or hearing, a party upon whom such notice is served may
    20  object  to the request for judicial notice of such image or information,
    21  stating the grounds for the objection. Unless objection is made pursuant
    22  to this subdivision, or is made at trial based upon evidence which could
    23  not have been discovered by the exercise of due diligence prior  to  the
    24  time  for  objection  otherwise  required by this subdivision, the court
    25  shall take judicial notice of such image or information.
    26    (d)] Determination by court; review as matter of law. Whether a matter
    27  is judicially noticed or proof is taken, every matter specified in  this
    28  section shall be determined by the judge or referee, and included in his
    29  or her findings or charged to the jury. Such findings or charge shall be
    30  subject to review on appeal as a finding or charge on a matter of law.
    31    [(e)]  (d) Evidence to be received on matter to be judicially noticed.
    32  In considering whether a matter of law should be judicially noticed  and
    33  in determining the matter of law to be judicially noticed, the court may
    34  consider  any  testimony,  document,  information  or  argument  on  the
    35  subject, whether offered by  a  party  or  discovered  through  its  own
    36  research.   Whether or not judicial notice is taken, a printed copy of a
    37  statute or other written law or a proclamation, edict, decree  or  ordi-
    38  nance  by an executive contained in a book or publication, purporting to
    39  have been published by a government or commonly admitted as evidence  of
    40  the  existing law in the judicial tribunals of the jurisdiction where it
    41  is in force, is prima facie evidence of such law and  the  unwritten  or
    42  common  law  of  a  jurisdiction  may  be proved by witnesses or printed
    43  reports of cases of the courts of the jurisdiction.
    44    § 2. The civil practice law and rules is amended by adding a new  rule
    45  4532-b to read as follows:
    46    §  4532-b.  An  image,  map, location, distance, calculation, or other
    47  information taken from a web mapping service, a global satellite imaging
    48  site, or an internet mapping tool, is admissible  in  evidence  if  such
    49  image,  map, location, distance, calculation, or other information indi-
    50  cates the date such material was created and subject to a challenge that
    51  the image, map, location, distance, calculation,  or  other  information
    52  taken from a web mapping service, a global satellite imaging site, or an
    53  internet  mapping tool does not fairly and accurately portray that which
    54  it is being offered to prove. A party intending to offer such  image  or
    55  information  in  evidence  at  a trial or hearing shall, at least thirty
    56  days before the trial or hearing, give notice of such intent,  providing

        S. 1264                             3
 
     1  a  copy or specifying the internet address at which such image or infor-
     2  mation may be inspected. No later than ten  days  before  the  trial  or
     3  hearing, or later for good cause shown, a party upon whom such notice is
     4  served  may  object  to the request to admit into evidence such image or
     5  information, stating the grounds for the objection. Unless objection  is
     6  made  pursuant to this subdivision, the court shall take judicial notice
     7  and admit into evidence such image, map, location, distance, calculation
     8  or other information.
     9    § 3. This act shall take effect on the  same  date  and  in  the  same
    10  manner as a chapter of the laws of 2018, amending the civil practice law
    11  and  rules  relating  to  judicial  notice  of  an image, map, location,
    12  distance, calculation, or other information taken  from  a  web  mapping
    13  service,  as proposed in legislative bills numbers S. 9061 and A. 11191,
    14  takes effect.
Go to top