HI SB2145

Establishes a legal right for individuals not under arrest or in custody to record law enforcement activities using any device capable of capturing audio, images, or written observations.

Persons under arrest retain rights to recordings made before arrest and to have their recording equipment returned to them.

Creates a private right of action against law enforcement officers who interfere with recording, including preventing recording, threatening recorders, commanding them to stop, seizing equipment, destroying recordings, or copying recordings without consent.

Allows successful plaintiffs to recover punitive damages, declaratory and injunctive relief, attorneys' fees, and expert witness fees, with a 3-year statute of limitations.

Provides an affirmative defense for officers who had probable cause to arrest the recorder for crimes under Hawaii's offenses against public administration statutes (Chapter 710).