S.B. 307 Summary

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

• Persons under arrest or in custody retain rights to recordings made before arrest and to recovery of recording equipment.

• Creates a private right of action for unlawful interference with recording, including preventing recording, threatening the recorder, commanding cessation, arresting based on recording, seizing equipment or recordings, destroying recordings, or copying recordings without consent.

• Authorizes courts to award punitive damages, declaratory and injunctive relief, reasonable attorneys' fees, and expert witness fees to prevailing plaintiffs; three-year statute of limitations applies.

• Provides affirmative defense if officer had probable cause to arrest the recorder for a crime under chapter 710; effective July 1, 3000.