SB2271

Report Title:

Digital Images; Traffic Collisions; Photogrammetry

Description:

Amends the evidence code to assist in the admissibility of printed representations of stored digital images. Appropriates funds for the department of transportation to implement a close range digital photogrammetry demonstration project to provide for quick and accurate accident reconstruction.

THE SENATE	S.B. NO.	2271
TWENTY-FIRST LEGISLATURE, 2002
STATE OF HAWAII

A BILL FOR AN ACT

relating to digital images.

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

SECTION 1. The legislature finds that road scene measurements during motor vehicle collision investigations are a major issue in getting roads re-opened to motorists. In many cases, much of the measurement data collected at the scene is seldom used for court litigation. Additionally, the time spent in acquiring collision scene data using traditional techniques usually amounts to significant delays for motorists.

The legislature further finds that motorists in Hawaii are frequently inconvenienced by long traffic jams, gridlock on city streets, and other traffic delays caused by the amount of time that it takes to re-open roads after the occurrence of a major traffic accident. Aside from the personal inconvenience caused to many motorists, the delays also cause considerable losses in productivity to Hawaii's employers. The challenges faced by law enforcement are to minimize the amount of time that it takes to re-open roadways after an incident occurs, particularly on congested roadways or roadways that lack alternate routes.

One approach used by law enforcement agencies that is quickly gaining attention around the country is the use of close range digital photogrammetry to obtain quick and accurate measurements and diagramming of collision scenes. Photogrammetry is the process of making reliable three-dimensional measurements through the process of photographic triangulation, using digital cameras and computer software to take accurate measurements. Over the last several years, advancements in personal computer processing speed have made photogrammetry quick, inexpensive, and affordable at the personal computer desktop level, along with using off-the-shelf consumer grade film or digital cameras for the photography.

Using photogrammetry methods, police set out markers in areas they want to measure and take photographs of the scene. Investigators download the film into a computer and the software gives them accurate measurements from the scene. Investigators only have to measure one distance with a tape, photograph it, and the software will give them all the other distances between the markers they photograph.

The legislature finds that in order to reduce the amount of time required to map a motor vehicle collision scene, photogrammetry can be used as a value-added addition to police department's current methods of 3-D data acquisition for incident scene diagrams, homicide investigations, vehicle crush investigation, and many other measurement and diagramming applications.

The legislature finds that clearing an accident scene in a timely way helps more than frustrated motorists. Since snarled or halted traffic contributes to secondary collisions, photogrammetry will also help to reduce these types of collisions as well. Motorists have sued states and municipalities in which the plaintiff blamed police for an accident because the traffic was stopped. Photogrammetry also will allow police to easily archive the photographed measurements for use as evidence in trials in which charges are not brought immediately.

The legislature finds that measuring distances at highway accident scenes using close range digital photogrammetry, combined with the use of traditional methods, such as questioning witnesses, and other state-of-the-art equipment such as global positioning systems, could cut the time needed to get traffic flowing smoothly again, clear away accidents faster, and increase the accuracy of critical measurements for use in court.

Accordingly, the purpose of this Act is to:

(1) Amend the Hawaii rules of evidence to establish a rebuttable presumption affecting the burden of producing evidence that a printed representation of images stored on a video or digital medium is presumed to be an accurate representation of the images it purports to represent. The intent of this amendment is to assist in the admissibility of printed representations of stored digital images, whether used for purposes of close range digital photogrammetry or in other areas;

(2) Amend the Hawaii rules of evidence to amend the definition of "photographs", with respect to their admissibility, to include photographic images contained in a digital format or on any chemical, mechanical, magnetic, or electronic medium. The intent of this amendment is to expand the definition of "photographs" to include digital images used in close range digital photogrammetry and other areas;

(3) Require the department of transportation, in consultation with county police, to establish a demonstration project to determine the effectiveness of close range digital photogrammetry in obtaining quick and accurate measurements and diagramming of collision scenes in Hawaii, and require the department to submit interim and final reports to the legislature as to the effectiveness of the project; and

(4) Appropriate funds to purchase close range digital photogrammetry software packages, digital cameras, and other equipment for use by one or more police departments in each of the counties in the demonstration project, including the training of police officers in the use of close range digital photogrammetry in motor vehicle collision investigations, and requiring the department of transportation to seek federal funding as may be available to cover the costs of the project.

SECTION 2. Section 626-1, Hawaii Revised Statutes, is amended by adding a new rule to article X to be appropriately designated and to read as follows:

"Rule Images stored on a video or digital medium. A printed representation of images stored on a video or digital medium is presumed to be an accurate representation of the images it purports to represent. This presumption is a presumption affecting the burden of producing evidence. If a party to an action introduces evidence that a printed representation of images stored on a video or digital medium is inaccurate or unreliable, the party introducing the printed representation into evidence has the burden of proving, by a preponderance of evidence, that the printed representation is an accurate representation of the existence and content of the images that it purports to represent."

SECTION 3. Section 626-1, Hawaii Revised Statutes, is amended by amending the definition of "photograph" in rule 1001 to read as follows:

""Photographs" include still photographs, X-ray films, video tapes, [~~and~~] motion pictures[.], and any photographic images contained in a digital format or on any chemical, mechanical, magnetic, or electronic medium."

SECTION 4. The department of transportation, in consultation with county police departments, shall initiate a demonstration project to determine the effectiveness of close range digital photogrammetry in obtaining quick and accurate measurements and diagramming of collision scenes in Hawaii. The demonstration project shall select one or more police departments in each county to receive appropriate equipment and personnel training in the use of close range digital photogrammetry and other appropriate techniques to provide for quick and accurate accident reconstruction. The attorney general shall provide such legal assistance to the department of transportation and the county police departments as may be necessary in the implementation of the demonstration project.

SECTION 5. The department of transportation, in consultation with county police, shall submit interim and final reports to the legislature as follows:

(1) The interim report shall document the progress made in implementing the demonstration project and preliminary findings about the project's effectiveness, and shall be submitted to the legislature no later than twenty days before the convening of the regular session of 2003; and

(2) The final report shall be submitted to the legislature no later than twenty days before the convening of the regular session of 2004, and shall evaluate the effectiveness of the demonstration project, including the following:

(A) The effectiveness of close range digital photogrammetry in obtaining quick and accurate measurements and diagramming of collision scenes;

(B) The effect of the use of the demonstration project on reducing traffic delays and re-opening roads after traffic accidents;

(D) An evaluation of the costs and benefits of the project; and

(E) Findings and recommendations as to whether the demonstration project should be made permanent, including proposed implementing legislation. The legislative reference bureau shall assist the department in drafting proposed legislation as may be necessary.

SECTION 6. There is appropriated out of the general revenues of the State of Hawaii the sum of $ , or so much thereof as may be necessary for fiscal year 2002-2003, for the department of transportation to implement the close range digital photogrammetry demonstration project as provided in this Act, including the purchase of close range digital photogrammetry software packages, digital cameras, and other equipment for use by one or more police departments in each of the counties in the demonstration project, and the training of police officers in the use of close range digital photogrammetry in motor vehicle collision investigations; provided that the department shall apply for federal funding as may be available to cover all or a portion of the costs of the project, as applicable.

The sum appropriated shall be expended by the department of transportation for the purposes of this Act.

SECTION 7. Sections 2 and 3 of this Act shall not apply to proceedings begun before their effective date.

SECTION 8. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 9. This Act shall take effect on July 1, 2002.

INTRODUCED BY:	_____________________________