HI HB806

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

Persons under arrest or in custody retain the right to possess 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 law enforcement, including preventing recording, threatening recorders, commanding cessation of recording, arrest based on recording, seizing equipment or recordings, or copying recordings without consent.

Allows law enforcement to assert an affirmative defense if they had probable cause to arrest the person recording for a crime under chapter 710.

Permits prevailing plaintiffs to recover punitive damages, declaratory and injunctive relief, reasonable attorney's fees, expert witness fees, and other appropriate remedies, with a three-year statute of limitations.