Bill > SB2145

This bill establishes the right for individuals, who are not under arrest or in custody, to record law enforcement activities, which are defined as any actions taken by a law enforcement officer while acting under the authority of the law. This right includes the ability to keep and control the recordings and the equipment used to make them, and even individuals under arrest retain the right to their previously made recordings and equipment. The bill also creates a private right of action, meaning individuals can sue if their right to record is unlawfully interfered with by a law enforcement officer, such as by being prevented from recording, threatened, ordered to stop, or having their recording equipment or recordings seized or destroyed without proper cause. An exception exists if the officer had probable cause to arrest the person for a crime at the time of the interference, and successful plaintiffs can seek damages, including punitive damages, and attorney fees.

Government Affairs, Justice

https://www.capitol.hawaii.gov/session/measure_indiv.aspx?billtype=SB&billnumber=2145&year=2026