Bill > SB307

This bill establishes a comprehensive legal framework protecting an individual's right to record law enforcement activities in Hawaii. The bill defines key terms such as "law enforcement activity" (any action by a law enforcement officer acting under color of law), "law enforcement officer" (a public servant with duties to maintain public order or enforce criminal laws), and "record" (capturing images, sounds, or impressions using various devices). Specifically, the bill grants individuals who are not under arrest or in custody the right to record law enforcement activities and maintain control of their recordings, while also ensuring that being under arrest does not automatically forfeit the right to recordings made before arrest. The bill establishes a private right of action for individuals who experience interference with their recording efforts, allowing them to sue for damages if law enforcement officers prevent, threaten, or impede recording through actions like seizing recording devices, destroying recordings, or arresting someone solely for recording. Potential remedies include punitive damages, declaratory and injunctive relief, and attorneys' fees, with a three-year statute of limitations for filing such claims. The bill importantly clarifies that recording cannot physically interfere with law enforcement activities and provides an affirmative defense for officers with probable cause to arrest the recorder. The legislation aims to protect citizens' ability to document law enforcement interactions while maintaining respect for law enforcement operations.

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

https://www.capitol.hawaii.gov/session/measure_indiv.aspx?billtype=SB&billnumber=307&year=2025