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S 1094

Requires certain public schools to offer Halal food options and Kosher food options during lunch

2025 Regular Session Introduced by Joe Addabbo and 3 co-sponsors

The bill would delay non‑judicial bail for adults arrested for fentanyl offenses by at least 6 hours and require immediate access to criminal and incident records before any releas

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Bill Summary · S 1094

Summary — S.1094: “An Act relative to fentanyl arrests” (Massachusetts)

Status & origin
- Senate Docket No. 980, 194th General Court (2025–2026). Filed January 15, 2025. Petitioned/presented by Sen. Ryan C. Fattman (with Senators S. Xiarhos, B. Tarr, K. Dooner listed). Referred to the Judiciary Committee. Hearing scheduled for 05/06/2025 (1:00–4:00 PM in A‑2).
- Bill title: An Act relative to fentanyl arrests.

Purpose
- To modify bail and pre‑release procedures for adults arrested for the manufacture, sale, or distribution of fentanyl (and specified related fentanyl offenses), by imposing a minimum waiting period before non‑judicial bail can be set and by requiring access to criminal and incident records before release decisions are made.

Key provisions (what the bill would change)
1. Scope (statutory references)
- Applies to arrests for: section 32 of chapter 94C (manufacture, sale, distribution of fentanyl), subsections (c½) and (c¾) of section 32E, and subsection (a) of section 32F of chapter 94C (specified fentanyl‑related offenses).

  1. Bail assessment and timing (amendments to chapter 276, sections 42, 57, 58)

    • Explicitly directs that bail for the listed fentanyl offenses be assessed under the procedural rules of sections 57 and 58 of chapter 276.
    • Establishes a minimum 6‑hour period after arrest during which an adult (age 18+) arrested for these fentanyl offenses shall not be admitted to bail, except if a judge orders admission to bail in open court.
    • During that period, the arrested person may not be released out of court by clerks of court, bail commissioners, masters in chancery, etc.

  2. Conditions and information access prior to bail

    • Authorized bail‑taking officials may impose conditions on release (to ensure appearance and community safety).
    • Before admitting to bail, modifying bail, or imposing conditions, the official must have immediate access, “to the extent practicable,” to: pending and prior criminal offender record information, probation board records, and police/incident reports related to the detained person. Access may be requested orally, by phone, fax, or electronic mail.

Who would be affected
- Defendants: Adults arrested on the enumerated fentanyl offenses would be subject to the 6‑hour non‑release period and stricter procedures before any non‑judicial release.
- Courts and court staff: Judges, clerks, bail commissioners, and other officials would face new procedural restrictions (restrictions on out‑of‑court releases; obligation to seek records).
- Law enforcement and probation: Required or expected to respond to immediate requests for records to inform bail decisions.
- Public defenders and prosecutors: May see changes in pretrial detention timing and the information available at initial bail determinations.

Procedural / timeline notes
- Hearing scheduled 05/06/2025 before the Judiciary Committee. No effective date or fiscal note is provided in the bill text.
- The bill mirrors prior proposals (similar matter filed in a previous session).

Potential impacts and considerations
- Practical effect: expands the time authorities may detain arrestees before non‑judicial release, potentially increasing short‑term pretrial detention for fentanyl offenses and giving prosecutors/law enforcement more time to gather records for bail decisions.
- Public safety vs. liberty tradeoffs: proponents may argue it protects the community and ensures informed bail decisions for high‑harm offenses; opponents may raise concerns about extended initial detention, access to counsel, and consistency with bail/due‑process principles.
- Administrative impact: courts and law enforcement may need processes to provide rapid access to records “to the extent practicable.”

This summary focuses on the substantive changes proposed to Massachusetts bail procedures for specified fentanyl offenses.

Compiled from official sources — confirm details with the bill’s official record.

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