Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H2056 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. 1547 FILED ON: 1/15/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 2056
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Steven George Xiarhos and Carol A. Doherty
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 Barnstable1/15/2025Carol A. Doherty3rd Bristol1/15/2025Norman J. Orrall12th Bristol1/15/2025James K. Hawkins2nd Bristol2/11/2025 1 of 3
16	16	HOUSE DOCKET, NO. 1547 FILED ON: 1/15/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 2056
18	18	By Representatives Xiarhos of Barnstable and Doherty of Taunton, a petition (accompanied by
19	19	bill, House, No. 2056) of Steven George Xiarhos, Carol A. Doherty and others relative to
20	20	fentanyl arrests. The Judiciary.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE HOUSE, NO. 1822 OF 2023-2024.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Fourth General Court
26	26	(2025-2026)
27	27	_______________
28	28	An Act relative to fentanyl arrests (Tatiana's Law).
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 SECTION 1. Section 42 of chapter 276 of the General Laws, as appearing in the 2018
32	32	2Official Edition, is hereby amended by inserting in line 13, after the word “58A”, the following
33	33	3words:- ; and, provided further, that if a person is arrested for a violation of section 32 of chapter
34	34	494C for the manufacture, sale or distribution of fentanyl, subsections (c ½) or (c ¾) of section
35	35	532E of said chapter 94C or subsection (a) of section 32F of said chapter 94C for the manufacture,
36	36	6sale or distribution of fentanyl, any bail shall be assessed pursuant to sections 57 and 58.
37	37	7 SECTION 2. Section 57 of said chapter 276, as so appearing, is hereby amended by
38	38	8inserting after the sixth paragraph the following paragraph:- 2 of 3
39	39	9 Except where prohibited by this section, for any violation of (i) section 32 of chapter 94C
40	40	10for the manufacture, sale or distribution of fentanyl; (ii) subsections (c ½) or (c ¾) of section 32E
41	41	11of said chapter 94C; or (iii) subsection (a) of section 32F of said chapter 94C for the
42	42	12manufacture, sale or distribution of fentanyl, a person arrested, who has attained the age of 18
43	43	13years, shall not be admitted to bail sooner than 6 hours after arrest, except by a judge in open
44	44	14court. The arrested person shall not be released out of court by a clerk of courts, clerk of a
45	45	15district court, bail commissioner or master in chancery. Any person authorized to take bail for
46	46	16such violation may impose conditions on a person's release in order to ensure the appearance of
47	47	17the person before the court and the safety of the person, any other individual or the community;
48	48	18provided, however, that the person authorized to take bail shall, prior to admitting the person to
49	49	19bail, modifying an existing order of bail or imposing such conditions, have immediate access to
50	50	20all pending and prior criminal offender record information, board of probation records and police
51	51	21and incident reports related to the person detained, upon oral, telephonic, facsimile or electronic
52	52	22mail request, to the extent practicable.
53	53	23 SECTION 3. Section 58 of said chapter 276, as so appearing, is hereby amended by
54	54	24inserting after the fifth paragraph the following paragraph:-
55	55	25 Except where prohibited by section 57, for any violation of (i) section 32 of chapter 94C
56	56	26for the manufacture, sale or distribution of fentanyl; (ii) of subsections (c ½) or (c ¾) of section
57	57	2732E of said chapter 94C; or (iii) subsection (a) of section 32F of said chapter 94C for the
58	58	28manufacture, sale or distribution of fentanyl, a person arrested, who has attained the age of 18
59	59	29years, shall not be admitted to bail sooner than 6 hours after arrest, except by a judge in open
60	60	30court. The arrested person shall not be released out of court by a clerk of courts, clerk of a
61	61	31district court, bail commissioner or master in chancery. Any person authorized to take bail for 3 of 3
62	62	32such violation may impose conditions on a person's release in order to ensure the appearance of
63	63	33the person before the court and the safety of the person, any other individual or the community;
64	64	34provided, however, that the person authorized to take bail shall, prior to admitting the person to
65	65	35bail, modifying an existing order of bail or imposing such conditions, have immediate access to
66	66	36all pending and prior criminal offender record information, board of probation records and police
67	67	37and incident reports related to the person detained, upon oral, telephonic, facsimile or electronic
68	68	38mail request, to the extent practicable.