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