HI HB20

Establishes a new chapter in Hawaii Revised Statutes creating the right for persons not under arrest or in custody to record law enforcement activities and maintain control of recordings and equipment used.

Defines key terms including "law enforcement activity" (any activity by a law enforcement officer acting under color of law), "law enforcement officer" (police officers, peace officers, security officers, and similar personnel), and "record" (capturing moving/still images, sound, or written observations).

Creates a private right of action for unlawful interference with recording, including intentionally preventing recording, threatening recorders, commanding cessation of recording, arresting/ticketing recorders, unlawfully seizing equipment or recordings, destroying recordings, or copying recordings without consent.

Provides affirmative defense if the law enforcement officer had probable cause to arrest the person for a crime under chapter 710 at the time of interference.

Allows victims to recover punitive damages, declaratory and injunctive relief, reasonable attorney's and expert's fees, and other court-deemed remedies, with a three-year statute of limitations for bringing claims.