HB 595: RELATING TO RECORDINGS OF LAW ENFORCEMENT ACTIVITIES.

A BILL FOR AN ACT

RELATING TO RECORDINGS OF LAW ENFORCEMENT ACTIVITIES.

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

     SECTION 1.  The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

recording law enforcement activities

     §   -1  Definitions.  As used in this chapter:

     "Law enforcement activity" means any activity by a law enforcement officer acting under the color of law.

     "Law enforcement officer" means any public servant, whether employed by the State or subdivisions thereof or by the United States, vested by law with a duty to maintain public order, to make arrests for offenses, or to enforce the criminal laws, whether that duty extends to all offenses or is limited to a specific class of offenses.

     "Record" means to capture or attempt to capture any moving or still image, sound, or impression through the use of any recording device, camera, or any other device capable of capturing audio, moving images, or still images, or by way of written notes or observations.

     §   -2  Right to record law enforcement activities.  A person neither under arrest nor in the custody of a law enforcement officer shall have the right to record law enforcement activity and to maintain custody and control of that recording and of any property or instruments used by that person to record law enforcement activities; provided that a person under arrest or in custody of a law enforcement officer does not, by that status alone, forfeit the right to have any recordings taken before the arrest or before being taken into custody or the right to have any property and instruments used for the recording to be maintained and returned to the person under arrest or in custody.  Nothing in this chapter shall be construed to permit a person to engage in actions that physically interfere with law enforcement activity or otherwise constitute a crime under chapter 710.

     §   -3  Private right of action.  (a)  A claim of unlawful interference with recording a law enforcement activity shall be established under this section when a person demonstrates that the person exercised or attempted to exercise the right to record law enforcement activities pursuant to section    -2 and a law enforcement officer acted to interfere with that person's recording of a law enforcement activity, including by:

     (1)  Intentionally preventing or attempting to prevent that person from recording law enforcement activity;

     (2)  Threatening that person for recording law enforcement activity;

     (3)  Commanding that the person cease recording law enforcement activity when the person was otherwise authorized by law to do so;

     (4)  Stopping, seizing, searching, ticketing, or arresting that person because that person recorded law enforcement activity;

     (5)  Unlawfully seizing property or instruments used by that person to record law enforcement activity;

     (6)  Unlawfully destroying or seizing a recorded image or recorded images of law enforcement activity; or

     (7)  Copying a recording of law enforcement activity without the consent of the person who recorded it or approval from a court of competent jurisdiction.

     (b)  It shall be an affirmative defense to a civil action under this section that, at the time of the law enforcement officer's conduct, the law enforcement officer had probable cause to arrest the person recording the law enforcement activity for a crime under chapter 710.

     (c)  A person subject to unlawful interference with recording law enforcement activities under this section may bring an action for any violation of this section in any court of competent jurisdiction for damages, including:

     (1)  Punitive damages;

     (2)  Declaratory and injunctive relief; and

     (3)  Other remedies as the court may deem appropriate.

     (d)  In any action or proceeding brought pursuant to this section, the court may award a prevailing plaintiff reasonable attorneys' and expert witness fees.

     (e)  Any action or proceeding brought pursuant to this section shall be commenced no later than three years after the date on which the violation of this section was committed.

     §   -4  Preservation of rights.  The rights under this chapter shall be in addition to all other rights and remedies available pursuant to law."

     SECTION 2.  If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 4.  This Act shall take effect on July 1, 3000.

Report Title:

Law Enforcement Activities; Recordings; Private Right of Action

Description:

Establishes the right of a person to record law enforcement activities.  Establishes a private right of action for any violation of the right to record law enforcement activities.  Effective 7/1/3000.  (HD2)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

RELATING TO RECORDINGS OF LAW ENFORCEMENT ACTIVITIES.

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

     SECTION 1.  The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

recording law enforcement activities

     §   -1  Definitions.  As used in this chapter:

     "Law enforcement activity" means any activity by a law enforcement officer acting under the color of law.

     "Law enforcement officer" means any public servant, whether employed by the State or subdivisions thereof or by the United States, vested by law with a duty to maintain public order or, to make arrests for offenses or to enforce the criminal laws, whether that duty extends to all offenses or is limited to a specific class of offenses.

     "Record" means to capture or attempt to capture any moving or still image, sound, or impression through the use of any recording device, camera, or any other device capable of capturing audio, moving images, or still images, or by way of written notes or observations.

     §   -2  Right to record law enforcement activities.  A person neither under arrest nor in the custody of a law enforcement officer shall have the right to record law enforcement activity and to maintain custody and control of that recording and of any property or instruments used by that person to record law enforcement activities; provided that a person under arrest or in custody of a law enforcement officer does not, by that status alone, forfeit the right to have any recordings taken before the arrest or before being taken into custody or the right to have any property and equipment used for the recording to be maintained and returned to the person under arrest.  Nothing in this chapter shall be construed to permit a person to engage in actions that physically interfere with law enforcement activity or otherwise constitute a crime under chapter 710.

     §   -3  Private right of action.  (a)  A claim of unlawful interference with recording a law enforcement activity shall be established under this section when a person demonstrates that the person exercised or attempted to exercise the right to record law enforcement activities pursuant to section    -2 and a law enforcement officer acted to interfere with that person's recording of a law enforcement activity, including by:

     (1)  Intentionally preventing or attempting to prevent that person from recording law enforcement activity;

     (2)  Threatening that person for recording law enforcement activity;

     (3)  Commanding that the person cease recording law enforcement activity when the person was otherwise authorized by law to do so;

     (4)  Stopping, seizing, searching, ticketing, or arresting that person because that person recorded law enforcement activity;

     (5)  Unlawfully seizing property or instruments used by that person to record law enforcement activity;

     (6)  Unlawfully destroying or seizing a recorded image or recorded images of law enforcement activity; or

     (7)  Copying a recording of law enforcement activity without the consent of the person who recorded it or approval from a court of competent jurisdiction.

     (b)  It shall be an affirmative defense to a civil action under this section that, at the time of the law enforcement officer's conduct, the law enforcement officer had probable cause to arrest the person recording the law enforcement activity for a crime under chapter 710.

     (c)  A person subject to unlawful interference with recording law enforcement activities under this section may bring an action for any violation of this section in any court of competent jurisdiction for damages, including:

     (1)  Punitive damages;

     (2)  Declaratory and injunctive relief; and

     (3)  Other remedies as the court may deem appropriate.

     (d)  In any action or proceeding brought pursuant to this section, the court may award a prevailing plaintiff reasonable attorneys' and expert witness fees.

     (e)  Any action or proceeding brought pursuant to this section shall be commenced no later than three years after the date on which the violation of this section was committed.

     §   -4  Preservation of rights.  The rights under this chapter shall be in addition to all other rights and remedies available pursuant to law."

     SECTION 2.  If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 4.  This Act shall take effect on July 1, 3000.

Report Title:

Law Enforcement Activities; Recordings; Private Right of Action

Description:

Establishes the right of a person to record law enforcement activities.  Establishes a private right of action for any violation of the right to record law enforcement activities.  Effective 7/1/3000.  (HD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

relating to recordings of law enforcement activities.

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

     SECTION 1.  The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

recording law enforcement activities

     §   -1  Definitions.  As used in this chapter:

     "Law enforcement activity" means any activity by a law enforcement officer acting under the color of law.

     "Law enforcement officer" means any public servant, whether employed by the State or subdivisions thereof or by the United States, vested by law with a duty to maintain public order or, to make arrests for offenses or to enforce the criminal laws, whether that duty extends to all offenses or is limited to a specific class of offenses.

     "Record" means to capture or attempt to capture any moving or still image, sound, or impression through the use of any recording device, camera, or any other device capable of capturing audio, moving images, or still images, or by way of written notes or observations.

     §   -2  Right to record law enforcement activities.  A person neither under arrest nor in the custody of a law enforcement officer shall have the right to record law enforcement activity and to maintain custody and control of that recording and of any property or instruments used by that person to record law enforcement activities; provided that a person under arrest or in custody of a law enforcement officer does not, by that status alone, forfeit the right to have any recordings taken before the arrest or before being taken into custody or the right to have any property and equipment used for the recording to be maintained and returned to that person.  Nothing in this chapter shall be construed to permit a person to engage in actions that physically interfere with law enforcement activity or otherwise constitute a crime under chapter 710.

     §   -3  Private right of action.  (a)  A claim of unlawful interference with recording a law enforcement activity shall be established under this section when a person demonstrates that the person exercised or attempted to exercise the right to record law enforcement activities pursuant to section    -2 and a law enforcement officer acted to interfere with that person's recording of a law enforcement activity, including by:

     (1)  Intentionally preventing or attempting to prevent that person from recording law enforcement activity;

     (2)  Threatening that person for recording law enforcement activity;

     (3)  Commanding that the person cease recording law enforcement activity when the person was otherwise authorized by law to do so;

     (4)  Stopping, seizing, searching, ticketing, or arresting that person because that person recorded law enforcement activity;

     (5)  Unlawfully seizing property or instruments used by that person to record law enforcement activity;

     (6)  Unlawfully destroying or seizing a recorded image or recorded images of law enforcement activity; or

     (7)  Copying a recording of law enforcement activity without the consent of the person who recorded it or approval from a court of competent jurisdiction.

     (b)  It shall be an affirmative defense to a civil action under this section that, at the time of the law enforcement officer's conduct, the law enforcement officer had probable cause to arrest the person recording the law enforcement activity for a crime under chapter 710.

     (c)  A person subject to unlawful interference with recording law enforcement activities under this section may bring an action for any violation of this section in any court of competent jurisdiction for damages, including:

     (1)  Punitive damages;

     (2)  Declaratory and injunctive relief; and

     (3)  Other remedies as the court may deem appropriate.

     (d)  In any action or proceeding brought pursuant to this section, the court may award a prevailing plaintiff reasonable attorneys' and expert witness fees.

     (e)  Any action or proceeding brought pursuant to this section shall be commenced no later than three years after the date on which the violation of this section was committed.

     §   -4  Preservation of rights.  The rights under this chapter shall be in addition to all other rights and remedies available pursuant to law."

     SECTION 2.  If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 4.  This Act shall take effect upon its approval.

Report Title:

Law Enforcement Activities; Recordings; Private Right of Action

Description:

Establishes the right of a person to record law enforcement activities.  Establishes a private right of action for any violation of the right to record law enforcement activities.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

STAND. COM. REP. NO.  615

Honolulu, Hawaii

                , 2025

RE:   H.B. No. 595

      H.D. 2

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committee on Judiciary & Hawaiian Affairs, to which was referred H.B. No. 595, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO RECORDINGS OF LAW ENFORCEMENT ACTIVITIES,"

begs leave to report as follows:

     The purpose of this measure is to establish the right of a person to record law enforcement activities and a private right of action for any violation of the right to record law enforcement activities.

     Your Committee received testimony in support of this measure from the Office of the Public Defender; League of Women Voters of Hawaii; Drug Policy Forum of Hawaii; and two individuals.

     Your Committee finds that this measure codifies the constitutional right to record police activity, as recognized by the Hawaii Supreme Court in State v. Russo, 141 Haw. 181 (2017).  This measure would also promote police accountability by creating a statutory right of action.

     Your Committee has amended this measure by making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 595, H.D. 1, as amended herein, and recommends that it be referred to your Committee on Finance in the form attached hereto as H.B. No. 595, H.D. 2.

Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,

STAND. COM. REP. NO.  12

Honolulu, Hawaii

                , 2025

RE:   H.B. No. 595

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committee on Labor, to which was referred H.B. No. 595 entitled:

"A BILL FOR AN ACT RELATING TO RECORDINGS OF LAW ENFORCEMENT ACTIVITIES,"

begs leave to report as follows:

     The purpose of this measure is to establish the right of a person to record law enforcement activities and a private right of action for any violation of the right to record law enforcement activities.

     Your Committee received testimony in support of this measure from the Office of the Public Defender; All Hawaii News; Big Island Press Club; and two individuals.

     Your Committee finds that the First Amendment of the United States Constitution protects freedom of speech and expression and courts have determined that this includes the right to record police officers in public spaces so long as it does not interfere with the officer's duties and is done lawfully.  Your Committee further finds that it is important to protect the right to record law enforcement activities and prevent infringements upon this right.  Your Committee believes that this measure strikes an appropriate balance between an individual's right to record law enforcement activities and to bring an action for any violation of this right with law enforcement's ability to carry out its duties.

     Your Committee has amended this measure by changing the effective date to July 1, 3000, to encourage further discussion.

     As affirmed by the record of votes of the members of your Committee on Labor that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 595, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 595, H.D. 1, and be referred to your Committee on Judiciary & Hawaiian Affairs.

Respectfully submitted on behalf of the members of the Committee on Labor,