Report Title:

Evidence

Description:

Ensures that Hawaii courts accept photogrammetric analysis of electronic photographs under the Rules of Evidence.

HOUSE OF REPRESENTATIVES

H.B. NO.

1309

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to evidence.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Traffic incident management is a major concern, especially when a fatality has occurred in a traffic collision. The evidence collected at traffic accident scenes can be of paramount importance for determining their cause. However, the legislature finds that, when compared to equivalent metropolitan areas in the United States, accident investigations proceed at an alarmingly slow rate in Hawaii. The prolonged closure of traffic lanes caused by the length of investigations adversely affects the public and may result in secondary accidents, often causing further delays.

Currently, the Honolulu police department conducts on-site measurements of accident locations to get data, which it uses to complete accident investigations. However, studies on the mainland have shown that through the use of photogrammetric computer systems, which analyze digital photographs of accident scenes at an off-site location, the on-site investigation time was reduced by more than thirty-five per cent. More importantly, this process of making reliable, three-dimensional measurements through photographic triangulation, showed no significant differences in the data collected as compared to the archaic use of surveying equipment. Currently, the California Highway Patrol, the Oregon State Police, the Washington State Patrol, the Utah Highway Patrol, and the Arizona Department of Public Safety use this system.

Although current rules do not preclude the admission of digital photographs as evidentiary material, such admissibility is contingent upon the basic data and collection technique meeting a threshold requirement of reliability that has not yet been established by the Hawaii Supreme Court's Standing Committee on the Rules of Evidence.

The purpose of this Act is to ensure that Hawaii courts accept photogrammetric analysis of electronic photographs to determine locations, orientations, dimensions, and distances between physical evidence at the scene of Hawaii traffic accidents to reduce the duration of lane closures for police investigations of serious or fatal traffic accidents.

SECTION 2. Section 626-1, Hawaii Revised Statutes, is amended by amending the definition of "photographs" in rule 1001 to read:

"(2) "Photographs" include still photographs, X-ray films, electronic pictures including digital pictures, video tapes, and motion pictures."

SECTION 3. Within one year of the effective date of this Act, the Hawaii Supreme Court shall establish procedures governing police use of electronic pictures recorded by a video or digital camera for the reconstruction of traffic accidents. Measurements of the location, orientation, dimensions, and distances between physical evidence derived by photogrammetric analysis of electronic pictures in accord with these procedures shall be admissible as prima facie evidence.

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:

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