Bill > HB595

This bill establishes a new chapter in Hawaii law that explicitly protects an individual's right to record law enforcement activities, providing clear definitions and legal protections. The bill defines "law enforcement activity" as any action by a law enforcement officer acting under the color of law, and "recording" as capturing images, sounds, or observations using various devices. It grants individuals who are not under arrest the right to record law enforcement activities and maintain custody of those recordings, ensuring that even people under arrest do not lose the right to recordings made before their arrest. The bill creates a private right of action, allowing individuals to sue law enforcement officers who interfere with recording activities through actions like preventing recording, threatening individuals, seizing recording equipment, or destroying recordings. Potential damages can include punitive damages, declaratory and injunctive relief, and attorneys' fees. The law includes an important caveat that recording cannot physically interfere with law enforcement activities, and officers have an affirmative defense if they had probable cause to arrest the person recording. Notably, any legal action must be commenced within three years of the violation, and the rights established by this bill are intended to supplement existing legal protections. The bill is set to take effect on July 1, 3000, which appears to be a placeholder date.

Budget and Finance, Justice, Labor and Employment

https://www.capitol.hawaii.gov/session/measure_indiv.aspx?billtype=HB&billnumber=595&year=2026