Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1822 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 208 FILED ON: 1/10/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 1822
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Steven George Xiarhos
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to fentanyl arrests (Tatiana's Law).
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Steven George Xiarhos5th Barnstable1/10/2023 1 of 3
16	16	HOUSE DOCKET, NO. 208 FILED ON: 1/10/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 1822
18	18	By Representative Xiarhos of Barnstable, a petition (accompanied by bill, House, No. 1822) of
19	19	Steven George Xiarhos relative to fentanyl arrests. The Judiciary.
20	20	[SIMILAR MATTER FILED IN PREVIOUS SESSION
21	21	SEE HOUSE, NO. 1931 OF 2021-2022.]
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Third General Court
25	25	(2023-2024)
26	26	_______________
27	27	An Act relative to fentanyl arrests (Tatiana's Law).
28	28	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
29	29	of the same, as follows:
30	30	1 SECTION 1. Section 42 of chapter 276 of the General Laws, as appearing in the 2018
31	31	2Official Edition, is hereby amended by inserting in line 13, after the word “58A”, the following
32	32	3words:- ; and, provided further, that if a person is arrested for a violation of section 32 of chapter
33	33	494C for the manufacture, sale or distribution of fentanyl, subsections (c ½) or (c ¾) of section
34	34	532E of said chapter 94C or subsection (a) of section 32F of said chapter 94C for the manufacture,
35	35	6sale or distribution of fentanyl, any bail shall be assessed pursuant to sections 57 and 58.
36	36	7 SECTION 2. Section 57 of said chapter 276, as so appearing, is hereby amended by
37	37	8inserting after the sixth paragraph the following paragraph:-
38	38	9 Except where prohibited by this section, for any violation of (i) section 32 of chapter 94C
39	39	10for the manufacture, sale or distribution of fentanyl; (ii) subsections (c ½) or (c ¾) of section 32E 2 of 3
40	40	11of said chapter 94C; or (iii) subsection (a) of section 32F of said chapter 94C for the
41	41	12manufacture, sale or distribution of fentanyl, a person arrested, who has attained the age of 18
42	42	13years, shall not be admitted to bail sooner than 6 hours after arrest, except by a judge in open
43	43	14court. The arrested person shall not be released out of court by a clerk of courts, clerk of a
44	44	15district court, bail commissioner or master in chancery. Any person authorized to take bail for
45	45	16such violation may impose conditions on a person's release in order to ensure the appearance of
46	46	17the person before the court and the safety of the person, any other individual or the community;
47	47	18provided, however, that the person authorized to take bail shall, prior to admitting the person to
48	48	19bail, modifying an existing order of bail or imposing such conditions, have immediate access to
49	49	20all pending and prior criminal offender record information, board of probation records and police
50	50	21and incident reports related to the person detained, upon oral, telephonic, facsimile or electronic
51	51	22mail request, to the extent practicable.
52	52	23 SECTION 3. Section 58 of said chapter 276, as so appearing, is hereby amended by
53	53	24inserting after the fifth paragraph the following paragraph:-
54	54	25 Except where prohibited by section 57, for any violation of (i) section 32 of chapter 94C
55	55	26for the manufacture, sale or distribution of fentanyl; (ii) of subsections (c ½) or (c ¾) of section
56	56	2732E of said chapter 94C; or (iii) subsection (a) of section 32F of said chapter 94C for the
57	57	28manufacture, sale or distribution of fentanyl, a person arrested, who has attained the age of 18
58	58	29years, shall not be admitted to bail sooner than 6 hours after arrest, except by a judge in open
59	59	30court. The arrested person shall not be released out of court by a clerk of courts, clerk of a
60	60	31district court, bail commissioner or master in chancery. Any person authorized to take bail for
61	61	32such violation may impose conditions on a person's release in order to ensure the appearance of
62	62	33the person before the court and the safety of the person, any other individual or the community; 3 of 3
63	63	34provided, however, that the person authorized to take bail shall, prior to admitting the person to
64	64	35bail, modifying an existing order of bail or imposing such conditions, have immediate access to
65	65	36all pending and prior criminal offender record information, board of probation records and police
66	66	37and incident reports related to the person detained, upon oral, telephonic, facsimile or electronic
67	67	38mail request, to the extent practicable.