senate Bill S9061

Signed By Governor
2017-2018 Legislative Session

Relates to allowing judicial notice of Google Maps and other web mapping or global imaging websites

download bill text pdf

Sponsored By

Archive: Last Bill Status - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

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Actions

view actions (12)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Dec 28, 2018 approval memo.19
signed chap.516
Dec 18, 2018 delivered to governor
Jun 20, 2018 returned to senate
passed assembly
ordered to third reading rules cal.491
substituted for a11191
Jun 18, 2018 referred to judiciary
delivered to assembly
passed senate
ordered to third reading cal.1914
Jun 15, 2018 referred to rules

S9061 - Details

See Assembly Version of this Bill:
A11191
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd R4511, CPLR

S9061 - Summary

Allows 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.

S9061 - Sponsor Memo

S9061 - Bill Text download pdf


                    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

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