Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H4731 Latest Draft

Bill / Introduced Version Filed 12/21/2023

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The Commonwealth of Massachusetts
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PRESENTED BY:
Kathleen R. LaNatra
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act relative to police reports involving railroad fatalities.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Kathleen R. LaNatra12th Plymouth12/13/2023Colleen M. Garry36th Middlesex12/18/2023 1 of 2
HOUSE DOCKET, NO. 4737       FILED 	ON: 12/13/2023
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By Representative LaNatra of Kingston, a petition (subject to Joint Rule 12) of Kathleen R. 
LaNatra and Colleen M. Garry for legislation to further regulate police reports involving railroad 
fatalities. The Judiciary.
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act relative to police reports involving railroad fatalities.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority 
of the same, as follows:
1 Chapter 160 of the General Laws is hereby amended by adding the following section:-
2 Section 253. (a) Any police report involving a railroad fatality and all communications 
3between police officers and railroad crew members involved in such fatality shall not be made 
4public and shall be maintained by the police department that responds to such fatality in a 
5manner that shall ensure confidentiality; provided, however, that all such reports shall be 
6accessible at all reasonable times, upon written request, to (i) the host railroad, (ii) the railroad of 
7employ of any employee mentioned in such reports and (iii) any other person authorized by 
8judicial order to obtain such information if access to such report is necessary in the performance 
9of their duties; and provided further, that all such reports shall be accessible at all reasonable 
10times, upon written or electronic mail request to law enforcement officers, district attorneys or 
11assistant district attorneys. 2 of 2
12 (b) Communications between police officers and railroad employees concerning any 
13railroad fatality incident may be shared with any person listed in subsection (a) if such access is 
14necessary to the performance of their duties.
15 (c) A violation of this section shall be punished by imprisonment for not more than 1 year 
16or by a fine of not more than $10,000, or both.