STAND. COM. REP. NO. 902

Honolulu, Hawaii

RE: S.B. No. 307

S.D. 2

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 307, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO RECORDINGS OF LAW ENFORCEMENT ACTIVITIES,"

begs leave to report as follows:

The purpose and intent of this measure is to:

(1) Establish the right of a person to record law enforcement activities; and

(2) Establish a private right of action for any violation of the right to record law enforcement activities.

Your Committee received testimony in support of this measure from the ACLU of Hawaiʻi, Public First Law Center, League of Women Voters of Hawaii, Big Island Press Club, and two individuals.

Your Committee finds that taking photographs and videos of things plainly visible in public spaces, including police and other government officials carrying out their duties, is a constitutional right that has been reaffirmed in numerous court cases. Your Committee further finds that recording police creates an independent record of incidents that can exonerate police officers if they were acting appropriately or provide evidence if they were not. This measure will promote the mutual interests of law enforcement and the communities they serve by increasing legitimacy and trust in law enforcement activities.

Your Committee has amended this measure by inserting an effective date of September 1, 2025.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 307, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 307, S.D. 2.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

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KARL RHOADS, Chair