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2 | 2 | | SENATE DOCKET, NO. 2073 FILED ON: 1/17/2025 |
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3 | 3 | | SENATE . . . . . . . . . . . . . . No. 1665 |
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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 | | Sal N. DiDomenico |
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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 regulating access to the disclosure of certain police reports. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | NAME:DISTRICT/ADDRESS :Sal N. DiDomenicoMiddlesex and Suffolk 1 of 2 |
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16 | 16 | | SENATE DOCKET, NO. 2073 FILED ON: 1/17/2025 |
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17 | 17 | | SENATE . . . . . . . . . . . . . . No. 1665 |
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18 | 18 | | By Mr. DiDomenico, a petition (accompanied by bill, Senate, No. 1665) of Sal N. DiDomenico |
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19 | 19 | | for legislation relative to the disclosure of certain police reports. Public Safety and Homeland |
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20 | 20 | | Security. |
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21 | 21 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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22 | 22 | | SEE SENATE, NO. 1503 OF 2023-2024.] |
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23 | 23 | | The Commonwealth of Massachusetts |
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24 | 24 | | _______________ |
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25 | 25 | | In the One Hundred and Ninety-Fourth General Court |
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26 | 26 | | (2025-2026) |
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27 | 27 | | _______________ |
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28 | 28 | | An Act regulating access to the disclosure of certain police reports. |
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29 | 29 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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30 | 30 | | of the same, as follows: |
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31 | 31 | | 1 Chapter 41 of the General Laws is hereby amended by striking out section 97D, as |
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32 | 32 | | 2appearing in the 2022 Official Edition, and inserting in place thereof the following section:- |
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33 | 33 | | 3 Section 97D. Reports of rape or sexual assault or attempts to commit such offenses, |
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34 | 34 | | 4reports of abuse committed by family or household members, as defined in section 1 of chapter |
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35 | 35 | | 5209A, and communications between police officers and the victims of such offenses or abuse |
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36 | 36 | | 6shall not be public records and shall be maintained by police departments in a manner that will |
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37 | 37 | | 7ensure their confidentiality; provided, however, that these reports and communications shall be |
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38 | 38 | | 8accessible at all reasonable times, upon written request, to: (i) the victim, the victim's attorney, |
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39 | 39 | | 9other persons specifically authorized by the victim to obtain this information, prosecutors and (ii) |
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40 | 40 | | 10victim-witness advocates, as defined in section 1 of chapter 258B, domestic violence victims' 2 of 2 |
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41 | 41 | | 11counselors, as defined in section 20K of chapter 233, and sexual assault counselors, as defined in |
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42 | 42 | | 12section 20J of chapter 233, if this access is necessary in the performance of their duties, and shall |
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43 | 43 | | 13be accessible at all reasonable times, upon written, telephonic, facsimile or electronic mail |
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44 | 44 | | 14request, to: (iii) law enforcement officers, district attorneys, assistant district attorneys and |
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45 | 45 | | 15officials authorized to admit persons to bail under section 57 of chapter 276. |
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46 | 46 | | 16 If a police department receives a request from an advocate or counselor not known to be |
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47 | 47 | | 17specifically authorized to obtain this information, it shall make a reasonable attempt to notify the |
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48 | 48 | | 18victim. |
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49 | 49 | | 19 A violation of this section shall be punished by imprisonment for not more than 1 year or |
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50 | 50 | | 20by a fine of not more than $1,000, or both." |
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