HI HB595

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 those recordings and recording equipment.

Persons already arrested or in custody do not forfeit rights to recordings made before arrest or 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 recording, arrests based on recording activity, seizure of equipment or recordings, destruction of recordings, or copying recordings without consent.

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

Prevailing plaintiffs may recover punitive damages, declaratory and injunctive relief, reasonable attorneys' fees, expert witness fees, and other appropriate remedies, with three-year statute of limitations on actions.