Bill > SB307

This bill establishes a comprehensive legal framework protecting an individual's right to record law enforcement activities, defining key terms such as "law enforcement activity" and "record" along the way. Specifically, the bill grants individuals who are not under arrest or in custody the right to record law enforcement interactions and maintain custody of those recordings, ensuring that being arrested does not automatically forfeit the right to previously made recordings. The bill creates a detailed private right of action that allows individuals to sue law enforcement officers who interfere with recording activities, including actions like preventing recording, threatening individuals, seizing recording devices, or destroying recordings. Potential remedies for such legal actions include punitive damages, declaratory and injunctive relief, and the possibility of recovering attorneys' fees. The law provides some protection for law enforcement by establishing an affirmative defense if the officer had probable cause to arrest the recording individual, and it limits legal actions to within three years of the alleged violation. Importantly, the bill explicitly states that individuals cannot physically interfere with law enforcement activities, and the new rights are intended to supplement, not replace, existing legal protections. The bill is set to take effect on July 1, 3000, though this date is likely a placeholder and would be updated in the actual legislation.

Budget and Finance, Government Affairs, Justice, Labor and Employment

https://www.capitol.hawaii.gov/session/measure_indiv.aspx?billtype=SB&billnumber=307&year=2026