HI SB529

Establishes a new chapter protecting the right of persons not under arrest or in custody to record law enforcement activities and maintain possession of recordings and recording equipment.

Permits persons under arrest or in custody to retain rights to recordings made before arrest or custody, and prevents forfeiture of recording equipment.

Creates a private right of action for unlawful interference with recording, including intentionally preventing recording, threatening or commanding a person to stop, arresting based on recording, unlawfully seizing equipment or recordings, or copying recordings without consent.

Allows civil actions for damages including punitive damages, declaratory and injunctive relief, and attorney's and expert's fees, with a three-year statute of limitations.

Provides an affirmative defense for law enforcement officers who had probable cause to arrest a person recording for crimes under chapter 710.