Chapter 160 of the General Laws is hereby amended by adding the following section:-

Section 253. (a) Any police report involving a railroad fatality and all communications between police officers and railroad crew members involved in such fatality shall not be made public and shall be maintained by the police department that responds to such fatality in a manner that shall ensure confidentiality; provided, however, that all such reports shall be accessible at all reasonable times, upon written request, to (i) the host railroad, (ii) the railroad of employ of any employee mentioned in such reports and (iii) any other person authorized by judicial order to obtain such information if access to such report is necessary in the performance of their duties; and provided further, that all such reports shall be accessible at all reasonable times, upon written or electronic mail request to law enforcement officers, district attorneys or assistant district attorneys.

(b) Communications between police officers and railroad employees concerning any railroad fatality incident may be shared with any person listed in subsection (a) if such access is necessary to the performance of their duties.

(c) A violation of this section shall be punished by imprisonment for not more than 1 year or by a fine of not more than $10,000, or both.