HI HB806

Establishes a new chapter in Hawaii Revised Statutes to protect the right of persons not under arrest or in custody to record law enforcement activities using any recording device, camera, or written notes.

Protects recordings and equipment from unlawful seizure; persons under arrest retain rights to recordings made prior to arrest and the right to have recording equipment returned.

Creates a private right of action for unlawful interference with recording, including preventing recording, threatening the recorder, commanding them to stop, stopping or arresting them for recording, seizing equipment or recordings, or copying recordings without consent.

Permits damages including punitive damages, declaratory and injunctive relief, and reasonable attorney's and expert witness fees for prevailing plaintiffs; affirmative defense available if officer had probable cause to arrest for crimes under chapter 710.

Actions must be commenced within three years of the violation; does not permit physical interference with law enforcement activity or constitute a crime under chapter 710.