HB 20 Summary

• Establishes the right for persons not under arrest or in law enforcement custody to record law enforcement activities and maintain possession of recordings and recording equipment.

• Permits arrested or detained persons to retain rights to recordings made before arrest or custody, and to have recording equipment returned to them.

• Creates a private right of action for unlawful interference with recording, including intentional prevention, threats, unlawful commands to cease, retaliatory arrest or ticketing, or unlawful seizure or destruction of recordings.

• Allows courts to award damages including punitive damages, declaratory and injunctive relief, and attorney's and expert's fees to prevailing plaintiffs, with a three-year statute of limitations for claims.

• Provides an affirmative defense for law enforcement officers who had probable cause to arrest a person for crimes under chapter 710 (assault-related offenses).