HB595 • 2026

RELATING TO RECORDINGS OF LAW ENFORCEMENT ACTIVITIES.

Active

The official status still shows this bill as active or still awaiting another formal step.

Sponsor: BELATTI, GRANDINETTI, PERRUSO
Last action: 2025-12-08
Official status: Carried over to 2026 Regular Session.
Effective date: Not listed

Plain English Breakdown

The bill text does not specify the exact remedies available in court, but it mentions punitive damages, declaratory and injunctive relief, and other appropriate remedies as determined by the court.

Law Enforcement Recordings

This bill establishes a person's right to record interactions with law enforcement officers and allows people to sue if their recording rights are violated.

What This Bill Does

Creates the right for individuals to record any activity by police or other law enforcement officials.
Allows someone who is not under arrest to keep recordings of these activities, including equipment used to make them.
Gives people a way to sue if a police officer stops them from recording or takes their recording equipment without reason.

Who It Names or Affects

People who want to record interactions with law enforcement.
Law enforcement officers and their departments.
Courts that will handle cases involving violations of the right to record.

Terms To Know

Law Enforcement Activity: Any action by a police officer or other person who enforces laws while on duty.
Record: To capture images, sounds, or notes of an event using any device like cameras or audio recorders.

Limits and Unknowns

The bill does not allow people to interfere physically with police activities while recording.
It is unclear when exactly the bill will become law since it has a placeholder effective date far in the future (July 1, 3000).
The bill's current status shows it was carried over to another session and needs further action.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

HD1

Hawaii published version HD1

Plain English: This amendment establishes the right to record law enforcement activities and allows individuals to sue if their recording rights are violated by a police officer.

Adds definitions for 'law enforcement activity', 'law enforcement officer', and 'record'.
Gives people the right to record law enforcement activities unless they are under arrest or in custody.
Allows individuals to take legal action if their recording rights are violated by a police officer, including seeking damages and other remedies.

The amendment specifies an effective date of July 1, 3000, which seems incorrect and may be a placeholder or error.
Some parts of the text are technical and might require further explanation for clarity.

HD2

Hawaii published version HD2

Plain English: This amendment establishes the right for individuals to record law enforcement activities and provides a private right of action if that right is violated.

Adds definitions for 'law enforcement activity', 'law enforcement officer', and 'record'.
Establishes the legal right for people not under arrest or in custody to record law enforcement activities without forfeiting their recordings or recording equipment.
Allows individuals to sue law enforcement officers who interfere with their right to record, including actions like preventing recording, seizing property, or arresting someone for recording.

The amendment specifies an effective date of July 1, 3000, which seems unusual and may be a placeholder or error.
Details on how the private right of action will operate in practice are not fully explained.

Bill History

2025-12-08 D
Carried over to 2026 Regular Session.
2025-02-13 H
Report adopted; referred to the committee(s) on FIN as amended in HD 2 with none voting aye with reservations; none voting no (0) and Representative(s) Cochran, Kitagawa, Ward excused (3).
2025-02-13 H
Reported from JHA (Stand. Com. Rep. No. 615) as amended in HD 2, recommending referral to FIN.
2025-02-05 H
The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 10 Ayes: Representative(s) Tarnas, Poepoe, Belatti, Hashem, Kahaloa, Perruso, Takayama, Todd, Garcia, Shimizu; Ayes with reservations: none; Noes: none; and 1 Excused: Representative(s) Cochran.
2025-01-31 H
Bill scheduled to be heard by JHA on Wednesday, 02-05-25 2:00PM in House conference room 325 VIA VIDEOCONFERENCE.
2025-01-30 H
Passed Second Reading as amended in HD 1 and referred to the committee(s) on JHA with none voting aye with reservations; none voting no (0) and Representative(s) Cochran, Ward excused (2).
2025-01-30 H
Reported from LAB (Stand. Com. Rep. No. 12) as amended in HD 1, recommending passage on Second Reading and referral to JHA.
2025-01-28 H
The committee on LAB recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 6 Ayes: Representative(s) Sayama, Lee, M., Garrett, Kapela, Kong, Reyes Oda; Ayes with reservations: none; Noes: none; and Excused: none.
2025-01-24 H
Bill scheduled to be heard by LAB on Tuesday, 01-28-25 9:00AM in House conference room 309 VIA VIDEOCONFERENCE.
2025-01-21 H
Referred to LAB, JHA, FIN, referral sheet 2
2025-01-21 H
Introduced and Pass First Reading.
2025-01-17 H
Pending introduction.

Official Summary Text

RELATING TO RECORDINGS OF LAW ENFORCEMENT ACTIVITIES.
Law Enforcement Activities; Recordings; Private Right of Action
Establishes the right of a person to record law enforcement activities. Establishes a private right of action for any violation of the right to record law enforcement activities. Effective 7/1/3000. (HD2)

Current Bill Text

Read the full stored bill text

HB595

HOUSE OF REPRESENTATIVES

H.B. NO.

595

THIRTY-THIRD LEGISLATURE, 2025

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 or, 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 any other device capable of capturing
audio, moving images, or still images, or by way of written notes or
observations.

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�

-2
�
Right to record law enforcement activities.

�
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 equipment used for the recording to be maintained
and returned to that person.
�
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)
�
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)
�
Stopping,
seizing, searching, ticketing, or arresting that person because that person
recorded law enforcement activity;

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

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

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(7)
�
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)
�
It
shall be an affirmative defense to a civil action under this section that, at
the time of the law enforcement officer's conduct, the law enforcement officer
had probable cause to arrest the person recording the law enforcement activity
for a crime under chapter 710.

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(c)
�
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)
�
Punitive
damages;

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(2)
�
Declaratory
and injunctive relief; and

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

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(d)
�
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)
�
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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�

-4
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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.
�

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.
�

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 Activities; Recordings; Private Right of Action

Description:

Establishes
the right of a person to record law enforcement activities.
�
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.