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| 2 | 2 | | SENATE DOCKET, NO. 2895 FILED ON: 12/14/2023 |
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| 3 | 3 | | SENATE . . . . . . . . . . . . . . No. 2809 |
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| 4 | 4 | | The Commonwealth of Massachusetts |
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| 5 | 5 | | _________________ |
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| 6 | 6 | | PRESENTED BY: |
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| 7 | 7 | | Susan L. Moran |
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| 8 | 8 | | _________________ |
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| 9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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| 10 | 10 | | Court assembled: |
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| 11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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| 12 | 12 | | An Act relative to police reports involving railroad fatalities. |
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| 13 | 13 | | _______________ |
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| 14 | 14 | | PETITION OF: |
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| 15 | 15 | | NAME:DISTRICT/ADDRESS :Susan L. MoranPlymouth and Barnstable 1 of 2 |
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| 16 | 16 | | SENATE DOCKET, NO. 2895 FILED ON: 12/14/2023 |
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| 17 | 17 | | SENATE . . . . . . . . . . . . . . No. 2809 |
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| 18 | 18 | | By Ms. Moran, a petition (accompanied by bill, Senate, No. 2809) (subject to Joint Rule 12) of |
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| 19 | 19 | | Susan L. Moran for legislation relative to police reports involving railroad fatalities. The |
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| 20 | 20 | | Judiciary. |
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| 21 | 21 | | The Commonwealth of Massachusetts |
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| 22 | 22 | | _______________ |
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| 23 | 23 | | In the One Hundred and Ninety-Third General Court |
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| 24 | 24 | | (2023-2024) |
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| 25 | 25 | | _______________ |
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| 26 | 26 | | An Act relative to police reports involving railroad fatalities. |
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| 27 | 27 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 28 | 28 | | of the same, as follows: |
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| 29 | 29 | | 1 Chapter 160 of the General Laws, as appearing in the 2022 Official Edition, is hereby |
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| 30 | 30 | | 2amended by adding after section 252 the following section:- |
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| 31 | 31 | | 3 Section 253. (a) Any police report involving a railroad fatality and all communications |
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| 32 | 32 | | 4between police officers and railroad crew members involved in such fatality shall not be made |
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| 33 | 33 | | 5public and shall be maintained by the police department that responds to such fatality in a |
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| 34 | 34 | | 6manner that shall ensure confidentiality; provided, however, that all such reports shall be |
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| 35 | 35 | | 7accessible at all reasonable times, upon written request, to (i) the host railroad, (ii) the railroad of |
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| 36 | 36 | | 8employ of any employee mentioned in such reports and (iii) any other person authorized by |
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| 37 | 37 | | 9judicial order to obtain such information if access to such report is necessary in the performance |
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| 38 | 38 | | 10of their duties; and provided further, that all such reports shall be accessible at all reasonable |
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| 39 | 39 | | 11times, upon written or electronic mail request to law enforcement officers, district attorneys or |
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| 40 | 40 | | 12assistant district attorneys. 2 of 2 |
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| 41 | 41 | | 13 (b) Communications between police officers and railroad employees concerning any |
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| 42 | 42 | | 14railroad fatality incident may be shared with any person listed in subsection (a) if such access is |
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| 43 | 43 | | 15necessary to the performance of their duties. |
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| 44 | 44 | | 16 (c) A violation of this section shall be punished by imprisonment for not more than 1 year |
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| 45 | 45 | | 17or by a fine of not more than $10,000, or both. |
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