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SENATE DOCKET, NO. 2895 FILED ON: 12/14/2023
SENATE . . . . . . . . . . . . . . No. 2809
The Commonwealth of Massachusetts
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PRESENTED BY:
Susan L. Moran
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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 :Susan L. MoranPlymouth and Barnstable 1 of 2
SENATE DOCKET, NO. 2895 FILED ON: 12/14/2023
SENATE . . . . . . . . . . . . . . No. 2809
By Ms. Moran, a petition (accompanied by bill, Senate, No. 2809) (subject to Joint Rule 12) of
Susan L. Moran for legislation relative to 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, as appearing in the 2022 Official Edition, is hereby
2amended by adding after section 252 the following section:-
3 Section 253. (a) Any police report involving a railroad fatality and all communications
4between police officers and railroad crew members involved in such fatality shall not be made
5public and shall be maintained by the police department that responds to such fatality in a
6manner that shall ensure confidentiality; provided, however, that all such reports shall be
7accessible at all reasonable times, upon written request, to (i) the host railroad, (ii) the railroad of
8employ of any employee mentioned in such reports and (iii) any other person authorized by
9judicial order to obtain such information if access to such report is necessary in the performance
10of their duties; and provided further, that all such reports shall be accessible at all reasonable
11times, upon written or electronic mail request to law enforcement officers, district attorneys or
12assistant district attorneys. 2 of 2
13 (b) Communications between police officers and railroad employees concerning any
14railroad fatality incident may be shared with any person listed in subsection (a) if such access is
15necessary to the performance of their duties.
16 (c) A violation of this section shall be punished by imprisonment for not more than 1 year
17or by a fine of not more than $10,000, or both.