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SD 1837

An Act relative to police reports involving railroad fatalities

194th Legislature (2025-2026) Introduced by Dylan Fernandes

The bill keeps police reports and related communications on railroad fatalities confidential, granting limited access to railroads, law enforcement, and court-authorized parties.

House concurred
0
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Bill Summary · SD 1837

Summary: An Act relative to police reports involving railroad fatalities (Senate Docket No. 1837)

Purpose

This bill adds a new confidentiality provision to Massachusetts law governing police reports and communications related to railroad fatalities. It aims to restrict public disclosure of such reports while detailing who may access them and under what circumstances.

Key provisions

  • New legal provision: Adds Section 253 to Chapter 160 of the General Laws (after existing section 252).

  • Confidentiality of reports: Any police report involving a railroad fatality, and all communications between police officers and railroad crew members involved in the fatality, shall not be public. The police department that responds to the incident must maintain these materials confidential.

  • Authorized access (for reporting entities): These reports must be accessible at all reasonable times, upon written request, to:

    • (i) the host railroad,
    • (ii) the railroad employer of any employee mentioned in the reports,
    • (iii) any other person authorized by judicial order if access is necessary to perform duties.

  • Access to law enforcement personnel: All such reports shall also be accessible at all reasonable times, upon written or electronic mail request, to law enforcement officers, district attorneys, or assistant district attorneys.

  • Sharing of communications: Communications between police officers and railroad employees concerning the fatality may be shared with the individuals listed above if such access is necessary to perform their duties.

  • Penalties for violations: A violation is punishable by up to 1 year in jail, a fine of up to $10,000, or both.

Who is affected

  • Police departments handling railroad-fatality incidents.
  • Host railroad and any railroad employer of involved employees.
  • Law enforcement officials, district attorneys, and assistant district attorneys.
  • Any other person authorized by judicial order to obtain the information.

Procedural and timeline notes

  • Introduced: February 27, 2025.
  • Filed: January 16, 2025 (Senate Docket No. 1837, Senate No. 1106).
  • Status: House concurs (as part of the 2025-2026 General Court; previously circulated in the Judiciary).
  • Legislative lineage: Similar matter previously filed in the 2023-2024 session (Senate No. 2809).

Practical impact

  • Enhances privacy around police reports and internal communications related to railroad fatalities.
  • Creates explicit, narrow access channels for railroads and law enforcement, plus judicially authorized access.
  • Establishes criminal penalties for improper disclosure.
  • May affect public records requests and transparency considerations by narrowing when such information is publicly accessible.

Compiled from official sources — confirm details with the bill’s official record.

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