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SENATE DOCKET, NO. 980 FILED ON: 1/15/2025
SENATE . . . . . . . . . . . . . . No. 1094
The Commonwealth of Massachusetts
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PRESENTED BY:
Ryan C. Fattman
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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 fentanyl arrests.
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PETITION OF:
NAME:DISTRICT/ADDRESS :Ryan C. FattmanWorcester and HampdenSteven George Xiarhos5th Barnstable1/25/2025Bruce E. TarrFirst Essex and Middlesex2/26/2025 1 of 3
SENATE DOCKET, NO. 980 FILED ON: 1/15/2025
SENATE . . . . . . . . . . . . . . No. 1094
By Mr. Fattman, a petition (accompanied by bill, Senate, No. 1094) of Ryan C. Fattman, Steven
George Xiarhos and Bruce E. Tarr for legislation relative to fentanyl arrests. The Judiciary.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 965 OF 2023-2024.]
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Fourth General Court
(2025-2026)
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An Act relative to fentanyl arrests.
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 2022
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.