HOUSE DOCKET, NO. 4193        FILED ON: 3/25/2014

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4040

The Commonwealth of Massachusetts

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PRESENTED BY:

Joseph F. Wagner

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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 taking or transmitting images of crime victims by first responders.

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PETITION OF:

HOUSE DOCKET, NO. 4193        FILED ON: 3/25/2014

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4040

The Commonwealth of Massachusetts

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In the Year Two Thousand Fourteen

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An Act relative to taking or transmitting images of crime victims by first responders.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

Chapter 271 of the General Laws is hereby amended by adding the following section:-

Section 51: (a) As used in this section, the following terms shall, unless the context clearly requires otherwise, have the following meanings:-

“First responder”, a law enforcement officer, a paid, call, reserve or volunteer firefighter, a paid, call, reserve or volunteer emergency medical technician or any other person whose usual and regular duties include rendering assistance at the scene of a crime, accident or other emergency.

“Immediate family member”, a spouse, child, step child, adopted child, sibling, step sibling, adopted sibling, parent, step parent, adopted parent, grandparent, or grandchild.

(b) No first responder who responds to or is otherwise present at the scene of a crime, accident or other emergency in the performance of his or her official duties shall take a photographic or digital image of a victim of a crime, accident or emergency unless the first responder takes the photographic or digital image: (i) in the performance of his or her official duties, or; (ii) upon the consent of the victim or, if the victim is unable to consent, an immediate family member of the victim.

(c) No first responder shall, other than in the performance of his or her official duties, transmit, disseminate or otherwise make available to a third person a photographic or digital image of a victim of a crime, accident or emergency without the consent of the victim or, if the victim is unable to consent, an immediate family member of the victim.

(d) Any person who knowingly violates subsection (b) or (c) shall be punished by a fine of not more than $2,000, or by imprisonment for not more than 1 year, or both such fine and imprisonment.