RELATING TO RECORDINGS OF LAW ENFORCEMENT ACTIVITIES.

HB2539

HOUSE OF REPRESENTATIVES

H.B. NO.

2539

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO RECORDINGS OF LAW ENFORCEMENT ACTIVITIES
.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

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SECTION 1.
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The Hawaii
Revised Statutes is amended by adding a new chapter to be appropriately
designated and to read as follows:

"
Chapter

RECORDING
LAW ENFORCEMENT ACTIVITIES

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� -1
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Definitions.
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As used in this chapter:

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"Law enforcement activity" means
any activity by a law enforcement officer acting under the color of law.

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"Law enforcement officer" means
any public servant, whether employed by the State or subdivisions thereof or by
the United States, vested by law with a duty to maintain public order, to make
arrests for offenses, or to enforce the criminal laws, whether that duty
extends to all offenses or is limited to a specific class of offenses.

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"Record" means to capture or
attempt to capture any moving or still image, sound, or impression through the
use of any recording device, camera, or other device capable of capturing
audio, moving images, or still images, or by way of written notes or
observations.

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Right to record law enforcement activities.

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A person neither under arrest nor in the
custody of a law enforcement officer shall have the right to record law
enforcement activity and to maintain custody and control of that recording and
of any property or instruments used by that person to record law enforcement
activities; provided that a person under arrest or in custody of a law
enforcement officer does not, by that status alone, forfeit the right to have
any recordings taken before the arrest or before being taken into custody or
the right to have any property and instruments used for the recording to be maintained
and returned to the person under arrest or in custody.
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Nothing in this chapter shall be construed to
permit a person to engage in actions that physically interfere with law
enforcement activity or otherwise constitute a crime under chapter 710.

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Private

right of action.

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(a)
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A
claim of unlawful interference with recording a law enforcement activity shall
be established under this section when a person demonstrates that the person
exercised or attempted to exercise the right to record law enforcement
activities pursuant to section -2 and a law enforcement
officer acted to interfere with that person's recording of a law enforcement
activity, including by:

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(1)
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Intentionally
preventing or attempting to prevent that person from recording law enforcement
activity;

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(2)
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Threatening
that person for recording law enforcement activity;

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(3)
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Commanding
that the person cease recording law enforcement activity when the person was otherwise
authorized by law to do so;

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(4)
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Stopping,
seizing, searching, ticketing, or arresting that person because that person
recorded law enforcement activity;

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(5)
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Unlawfully
seizing property or instruments used by that person to record law enforcement
activity;

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(6)
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Unlawfully
destroying or seizing a recorded image or recorded images of law enforcement
activity; or

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(7)
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Copying
a recording of law enforcement activity without the consent of the person who
recorded it or approval from a court of competent jurisdiction.

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(b)
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It
shall be an affirmative defense to a civil action under this section that the
law enforcement officer had probable cause to arrest the person recording the
law enforcement activity for a crime under chapter 710 at the time of the law
enforcement officer's conduct.

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(c)
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A
person subject to unlawful interference with recording law enforcement
activities under this section may bring an action for any violation of this
section in any court of competent jurisdiction for damages, including:

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(1)
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Punitive
damages;

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(2)
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Declaratory
and injunctive relief; and

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(3)
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Other
remedies as the court may deem appropriate.

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(d)
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In any action or proceeding brought pursuant
to this section, the court may award a prevailing plaintiff reasonable
attorneys' and expert witness fees.

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(e)
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Any action or proceeding brought pursuant to
this section shall be commenced no later than three years after the date on
which the violation of this section was committed.

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Preservation of rights.

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The rights under this chapter shall be in
addition to all other rights and remedies available pursuant to law."

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SECTION 2.
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If any provision of this Act, or the application thereof to any person
or circumstance, is held invalid, the invalidity does not affect other
provisions or applications of the Act that can be given effect without the
invalid provision or application, and to this end the provisions of this Act
are severable.

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SECTION 3.
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This Act does not affect rights and duties that matured, penalties that
were incurred, and proceedings that were begun before its effective date.

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SECTION 4.
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This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

Report Title:

Law
Enforcement; Recording; Private Right of Action

Description:

Establishes
the right of a person to record law enforcement activities.
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Establishes a private right of action for any
violation of the right to record law enforcement activities.

The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.