Minnesota 2023-2024 Regular Session

Minnesota House Bill HF146 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		1.1 A bill for an act
2	2		1.2 relating to children; preventing the use of subpoenas to gather information for
3	3		1.3 out-of-state laws interfering in the use of gender-affirming health care; amending
4	4		1.4 child custody and child welfare provisions related to out-of-state laws interfering
5	5		1.5 in the use of gender-affirming health care; amending provisions related to warrants,
6	6		1.6 arrests, and extraditions related to out-of-state laws on gender-affirming health
7	7		1.7 care; amending Minnesota Statutes 2022, sections 518D.201; 518D.204; 518D.207;
8	8		1.8 629.02; 629.05; 629.06; 629.13; 629.14; proposing coding for new law in Minnesota
9	9		1.9 Statutes, chapters 260; 543.
10	10		1.10BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
11	11		1.11 Section 1. [260.925] APPLICATION OF LAWS; GENDER-AFFIRMING HEALTH
12	12		1.12CARE.
13	13		1.13 A law of another state that authorizes a state agency to remove a child from the child's
14	14		1.14parent or guardian because the parent or guardian allowed the child to receive
15		-	1.15gender-affirming health care, as defined in section ~~543~~.23, paragraph (b), is against the
	15	+	1.15gender-affirming health care, as defined in section 548.415, paragraph (b), is against the
16	16		1.16public policy of this state and must not be enforced or applied in a case pending in a court
17	17		1.17in this state. A court order for the removal of a child issued in another state because the
18	18		1.18child's parent or guardian assisted the child in receiving gender-affirming care in this state
19	19		1.19must not be enforced in this state.
20	20		1.20 EFFECTIVE DATE.This section is effective the day following final enactment.
21	21		1.21 Sec. 2. Minnesota Statutes 2022, section 518D.201, is amended to read:
22	22		1.22 518D.201 INITIAL CHILD CUSTODY JURISDICTION.
23	23		1.23 (a) Except as otherwise provided in section 518D.204, a court of this state has jurisdiction
24	24		1.24to make an initial child custody determination only if:
25	25		1Sec. 2.
26		-	REVISOR BD H0146-1HF146 FIRST ENGROSSMENT
27		-	69
28		-	Printed
29		-	Page No.State of Minnesota
	26	+	REVISOR BD/LN 23-0140501/03/23
	27	+	State of Minnesota
30	28		This Document can be made available
31	29		in alternative formats upon request
32	30		HOUSE OF REPRESENTATIVES
33	31		H. F. No. 146
34	32		NINETY-THIRD SESSION
35	33		Authored by Finke, Reyer, Kozlowski, Curran, Becker-Finn and others01/09/2023
36		-	The bill was read for the first time and referred to the Committee on Judiciary Finance and Civil Law
37		-	Adoption of Report: Placed on the General Register as Amended02/27/2023
38		-	Read for the Second Time 2.1 (1) this state is the home state of the child on the date of the commencement of the
	34	+	The bill was read for the first time and referred to the Committee on Judiciary Finance and Civil Law 2.1 (1) this state is the home state of the child on the date of the commencement of the
39	35		2.2proceeding, or was the home state of the child within six months before the commencement
40	36		2.3of the proceeding and the child is absent from this state but a parent or person acting as a
41	37		2.4parent continues to live in this state;
42	38		2.5 (2) a court of another state does not have jurisdiction under clause (1), or a court of the
43	39		2.6home state of the child has declined to exercise jurisdiction on the ground that this state is
44	40		2.7the more appropriate forum under section 518D.207 or 518D.208, and:
45	41		2.8 (i) the child and the child's parents, or the child and at least one parent or a person acting
46	42		2.9as a parent, have a significant connection with this state other than mere physical presence;
47	43		2.10and
48	44		2.11 (ii) substantial evidence is available in this state concerning the child's care, protection,
49	45		2.12training, and personal relationships;
50	46		2.13 (3) all courts having jurisdiction under clause (1) or (2) have declined to exercise
51	47		2.14jurisdiction on the ground that a court of this state is the more appropriate forum to determine
52	48		2.15the custody of the child under section 518D.207 or 518D.208; or
53	49		2.16 (4) no court of any other state would have jurisdiction under the criteria specified in
54	50		2.17clause (1), (2), or (3).
55	51		2.18 (b) Paragraph (a) is the exclusive jurisdictional basis for making a child custody
56	52		2.19determination by a court of this state.
57	53		2.20 (c) Physical presence of, or personal jurisdiction over, a party or a child is not necessary
58	54		2.21or sufficient to make a child custody determination.
59	55		2.22 (d) The presence of a child in this state for the purpose of obtaining gender-affirming
60		-	2.23health care as defined in section ~~543~~.23, paragraph (b), is sufficient to meet the requirements
	56	+	2.23health care as defined in section 548.415, paragraph (b), is sufficient to meet the requirements
61	57		2.24of paragraph (a), clause (2), item (i).
62	58		2.25 EFFECTIVE DATE.This section is effective the day following final enactment.
63	59		2.26 Sec. 3. Minnesota Statutes 2022, section 518D.204, is amended to read:
64	60		2.27 518D.204 TEMPORARY EMERGENCY JURISDICTION.
65	61		2.28 (a) A court of this state has temporary emergency jurisdiction if the child is present in
66	62		2.29this state and:
67	63		2.30 (1) the child has been abandoned or;
68	64		2Sec. 3.
69		-	REVISOR BD ~~H0146-1~~~~HF146 FIRST ENGROSSMENT~~ 3.1 (2) it is necessary in an emergency to protect the child because the child, or a sibling or
	65	+	REVISOR BD/LN 23-0140501/03/23 3.1 (2) it is necessary in an emergency to protect the child because the child, or a sibling or
70	66		3.2parent of the child, is subjected to or threatened with mistreatment or abuse; or
71	67		3.3 (3) the child has been unable to obtain gender-affirming health care as defined in section
72		-	3.~~4543~~.23, paragraph (b).
	68	+	3.4548.415, paragraph (b).
73	69		3.5 (b) If there is no previous child custody determination that is entitled to be enforced
74	70		3.6under this chapter, and a child custody proceeding has not been commenced in a court of a
75	71		3.7state having jurisdiction under sections 518D.201 to 518D.203, a child custody determination
76	72		3.8made under this section remains in effect until an order is obtained from a court of a state
77	73		3.9having jurisdiction under sections 518D.201 to 518D.203. If a child custody proceeding
78	74		3.10has not been or is not commenced in a court of a state having jurisdiction under sections
79	75		3.11518D.201 to 518D.203, a child custody determination made under this section becomes a
80	76		3.12final determination, if it so provides and this state becomes the home state of the child.
81	77		3.13 (c) If there is a previous child custody determination that is entitled to be enforced under
82	78		3.14this chapter, or a child custody proceeding has been commenced in a court of a state having
83	79		3.15jurisdiction under sections 518D.201 to 518D.203, any order issued by a court of this state
84	80		3.16under this section must specify in the order a period that the court considers adequate to
85	81		3.17allow the person seeking an order to obtain an order from the state having jurisdiction under
86	82		3.18sections 518D.201 to 518D.203. The order issued in this state remains in effect until an
87	83		3.19order is obtained from the other state within the period specified or the period expires.
88	84		3.20 (d) A court of this state which has been asked to make a child custody determination
89	85		3.21under this section, upon being informed that a child custody proceeding has been commenced
90	86		3.22in, or a child custody determination has been made by, a court of a state having jurisdiction
91	87		3.23under sections 518D.201 to 518D.203, shall immediately communicate with the other court.
92	88		3.24A court of this state which is exercising jurisdiction pursuant to sections 518D.201 to
93	89		3.25518D.203, upon being informed that a child custody proceeding has been commenced in,
94	90		3.26or a child custody determination has been made by, a court of another state under a statute
95	91		3.27similar to this section shall immediately communicate with the court of that state to resolve
96	92		3.28the emergency, protect the safety of the parties and the child, and determine a period for
97	93		3.29the duration of the temporary order.
98	94		3.30 EFFECTIVE DATE.This section is effective the day following final enactment.
99	95		3Sec. 3.
100		-	REVISOR BD ~~H0146-1~~~~HF146 FIRST ENGROSSMENT~~ 4.1 Sec. 4. Minnesota Statutes 2022, section 518D.207, is amended to read:
	96	+	REVISOR BD/LN 23-0140501/03/23 4.1 Sec. 4. Minnesota Statutes 2022, section 518D.207, is amended to read:
101	97		4.2 518D.207 INCONVENIENT FORUM.
102	98		4.3 (a) A court of this state which has jurisdiction under this chapter to make a child custody
103	99		4.4determination may decline to exercise its jurisdiction at any time if it determines that it is
104	100		4.5an inconvenient forum under the circumstances and that a court of another state is a more
105	101		4.6appropriate forum. The issue of inconvenient forum may be raised upon motion of a party,
106	102		4.7the court's own motion, or request of another court.
107	103		4.8 (b) Before determining whether it is an inconvenient forum, a court of this state shall
108	104		4.9consider whether it is appropriate for a court of another state to exercise jurisdiction. For
109	105		4.10this purpose, the court shall allow the parties to submit information and shall consider all
110	106		4.11relevant factors, including:
111	107		4.12 (1) whether domestic violence has occurred and is likely to continue in the future and
112	108		4.13which state could best protect the parties and the child;
113	109		4.14 (2) the length of time the child has resided outside this state;
114	110		4.15 (3) the distance between the court in this state and the court in the state that would assume
115	111		4.16jurisdiction;
116	112		4.17 (4) the relative financial circumstances of the parties;
117	113		4.18 (5) any agreement of the parties as to which state should assume jurisdiction;
118	114		4.19 (6) the nature and location of the evidence required to resolve the pending litigation,
119	115		4.20including testimony of the child;
120	116		4.21 (7) the ability of the court of each state to decide the issue expeditiously and the
121	117		4.22procedures necessary to present the evidence; and
122	118		4.23 (8) the familiarity of the court of each state with the facts and issues in the pending
123	119		4.24litigation.
124	120		4.25 (c) If a court of this state determines that it is an inconvenient forum and that a court of
125	121		4.26another state is a more appropriate forum, it shall stay the proceedings upon condition that
126	122		4.27a child custody proceeding be promptly commenced in another designated state and may
127	123		4.28impose any other condition the court considers just and proper.
128	124		4.29 (d) A court of this state may decline to exercise its jurisdiction under this chapter if a
129	125		4.30child custody determination is incidental to an action for marriage dissolution or another
130	126		4.31proceeding while still retaining jurisdiction over the marriage dissolution or other proceeding.
131	127		4Sec. 4.
132		-	REVISOR BD ~~H0146-1~~~~HF146 FIRST ENGROSSMENT~~ 5.1 (e) In a case where the provision of gender-affirming health care for a child is at issue,
	128	+	REVISOR BD/LN 23-0140501/03/23 5.1 (e) In a case where the provision of gender-affirming health care for a child is at issue,
133	129		5.2a court of this state shall not determine that this state is an inconvenient forum if the law or
134	130		5.3policy of the other state that may take jurisdiction limits the ability of a parent to obtain
135		-	5.4gender-affirming health care as defined in section ~~543~~.23, paragraph (b), for the parent's
	131	+	5.4gender-affirming health care as defined in section 548.415, paragraph (b), for the parent's
136	132		5.5child.
137	133		5.6 EFFECTIVE DATE.This section is effective the day following final enactment.
138	134		5.7 Sec. 5. [543.23] UNENFORCEABLE SUBPOENAS.
139	135		5.8 (a) No subpoena shall be issued and no foreign subpoena shall be recognized in this
140	136		5.9state in a criminal or civil matter if the subpoena is related to a violation of another state's
141	137		5.10laws when the other state's laws are designed to interfere with an individual's right to receive
142	138		5.11gender-affirming health care. Failure to comply with a subpoena seeking information related
143	139		5.12to a person or entity allowing or assisting a child or an adult to receive gender-affirming
144	140		5.13health care when the information is being requested to enforce another state's laws that
145	141		5.14allow a civil or criminal action to be brought against a person for allowing or providing
146	142		5.15gender-affirming health care must not be the basis for contempt under section 588.01.
147	143		5.16 (b) "Gender-affirming health care" means medically necessary health care or mental
148	144		5.17health care that respects the gender identity of the patient, as experienced and defined by
149	145		5.18the patient, and that may include but is not limited to:
150	146		5.19 (1) interventions to suppress the development of endogenous secondary sex
151	147		5.20characteristics;
152	148		5.21 (2) interventions to align the patient's appearance or physical body with the patient's
153	149		5.22gender identity;
154	150		5.23 (3) interventions to alleviate the patient's symptoms of clinically significant distress
155	151		5.24resulting from gender dysphoria as defined in the current version of the Diagnostic and
156	152		5.25Statistical Manual of Mental Disorders; and
157	153		5.26 (4) developmentally appropriate exploration and integration of the patient's gender
158	154		5.27identity, reduction of the patient's distress, adaptive coping, and strategies to increase family
159	155		5.28acceptance of the patient's gender identity.
160	156		5.29 EFFECTIVE DATE.This section is effective the day following final enactment.
161	157		5Sec. 5.
162		-	REVISOR BD ~~H0146-1~~~~HF146 FIRST ENGROSSMENT~~ 6.1 Sec. 6. Minnesota Statutes 2022, section 629.02, is amended to read:
	158	+	REVISOR BD/LN 23-0140501/03/23 6.1 Sec. 6. Minnesota Statutes 2022, section 629.02, is amended to read:
163	159		6.2 629.02 DUTIES OF GOVERNOR IN EXTRADITION MATTERS.
164	160		6.3 Subject to the provisions of sections 629.01 to 629.29, the provisions of the Constitution
165	161		6.4of the United States controlling, and any and all acts of Congress enacted in pursuance
166	162		6.5thereof, it is the duty of the governor of this state to have arrested and delivered up to the
167	163		6.6executive authority of any other state of the United States any person charged in that state
168	164		6.7with treason, felony, or other crime, who has fled from justice and if found in this state.
169	165		6.8Nothing in this section shall limit any person's right to move freely between states or to
170	166		6.9enjoy the privileges and immunities of this state and no person shall be arrested or delivered
171	167		6.10up to the executive authority of any other state of the United States for acts committed in
172	168		6.11this state or services received in this state involving gender-affirming health care as defined
173		-	6.12in section ~~543~~.23, paragraph (b).
	169	+	6.12in section 548.415, paragraph (b).
174	170		6.13 EFFECTIVE DATE.This section is effective the day following final enactment.
175	171		6.14 Sec. 7. Minnesota Statutes 2022, section 629.05, is amended to read:
176	172		6.15 629.05 EXTRADITION BY AGREEMENT.
177	173		6.16 When it is desired to have returned to this state a person charged in this state with a
178	174		6.17crime, and such person is imprisoned or is held under criminal proceedings then pending
179	175		6.18against that person in another state, the governor of this state may agree with the executive
180	176		6.19authority of such other state for the extradition of such person before the conclusion of such
181	177		6.20proceedings or the person's term of sentence in such other state, upon condition that such
182	178		6.21person be returned to such other state at the expense of this state as soon as the prosecution
183	179		6.22in this state is terminated.
184	180		6.23 The governor of this state may also surrender, on demand of the executive authority of
185	181		6.24any other state, any person in this state who is charged in the manner provided in section
186	182		6.25629.23 with having violated the laws of the state whose executive authority is making the
187	183		6.26demand, even though such person left the demanding state involuntarily, except that no
188	184		6.27person shall be surrendered for acts committed in this state or services received in this state
189		-	6.28involving gender-affirming health care as defined in section ~~543~~.23, paragraph (b).
	185	+	6.28involving gender-affirming health care as defined in section 548.415, paragraph (b).
190	186		6.29 EFFECTIVE DATE.This section is effective the day following final enactment.
191	187		6Sec. 7.
192		-	REVISOR BD ~~H0146-1~~~~HF146 FIRST ENGROSSMENT~~ 7.1 Sec. 8. Minnesota Statutes 2022, section 629.06, is amended to read:
	188	+	REVISOR BD/LN 23-0140501/03/23 7.1 Sec. 8. Minnesota Statutes 2022, section 629.06, is amended to read:
193	189		7.2 629.06 EXTRADITION OF PERSONS COMMITTING CRIME.
194	190		7.3 (a) Except as provided in paragraph (b), the governor of this state may also surrender,
195	191		7.4on demand of the executive authority of any other state, any person in this state charged in
196	192		7.5such other state in the manner provided in section 629.03 with committing an act in this
197	193		7.6state, or in a third state, intentionally resulting in a crime in the state, whose executive
198	194		7.7authority is making the demand, and the provisions of sections 629.01 to 629.29 not otherwise
199	195		7.8inconsistent, shall apply to such cases, even though the accused was not in that state at the
200	196		7.9time of the commission of the crime, and has not fled therefrom.
201	197		7.10 (b) Nothing in this section shall limit any person's right to move freely between states
202	198		7.11or to enjoy the privileges and immunities of this state and no person shall be surrendered
203	199		7.12to the executive authority of any other state for acts involving gender-affirming health care
204		-	7.13as defined in section ~~543~~.23, paragraph (b).
	200	+	7.13as defined in section 548.415, paragraph (b).
205	201		7.14 EFFECTIVE DATE.This section is effective the day following final enactment.
206	202		7.15 Sec. 9. Minnesota Statutes 2022, section 629.13, is amended to read:
207	203		7.16 629.13 WHO MAY BE APPREHENDED.
208	204		7.17 When any person within this state is charged on the oath of any credible person before
209	205		7.18any judge of this state with the commission of any crime in any other state other than a
210	206		7.19crime arising from acts committed in this state or services received in this state involving
211		-	7.20gender-affirming health care as defined in section ~~543~~.23, paragraph (b), and, except in
	207	+	7.20gender-affirming health care as defined in section 548.415, paragraph (b), and, except in
212	208		7.21cases arising under section 629.06, with having fled from justice, with having been convicted
213	209		7.22of a crime in that state and having escaped from confinement, or having broken the terms
214	210		7.23of bail, probation, or parole, or when complaint has been made before any judge in this state
215	211		7.24setting forth on the affidavit of any credible person in another state that a crime has been
216	212		7.25committed in the other state and that the accused has been charged in that state with the
217	213		7.26commission of the crime and, except in cases arising under section 629.06, has fled from
218	214		7.27justice, or with having been convicted of a crime in that state and having escaped from
219	215		7.28confinement, or having broken the terms of bail, probation, or parole, and is believed to be
220	216		7.29in this state, the judge shall issue a warrant directed to any peace officer commanding the
221	217		7.30officer to apprehend the person named in it, wherever the accused may be found in this
222	218		7.31state, and to bring the accused before the same or any other judge or court who or which
223	219		7.32may be available in or convenient of access to the place where the arrest may be made, to
224	220		7Sec. 9.
225		-	REVISOR BD ~~H0146-1~~~~HF146 FIRST ENGROSSMENT~~ 8.1answer the charge or complaint and affidavit. A certified copy of the sworn charge or
	221	+	REVISOR BD/LN 23-0140501/03/23 8.1answer the charge or complaint and affidavit. A certified copy of the sworn charge or
226	222		8.2complaint and affidavit upon which the warrant is issued shall be attached to the warrant.
227	223		8.3 EFFECTIVE DATE.This section is effective the day following final enactment.
228	224		8.4 Sec. 10. Minnesota Statutes 2022, section 629.14, is amended to read:
229	225		8.5 629.14 ARREST WITHOUT WARRANT.
230	226		8.6 The arrest of a person may be lawfully made also by any peace officer or a private person,
231	227		8.7without a warrant upon reasonable information that the accused stands charged in the courts
232	228		8.8of a state with a crime punishable by death or imprisonment for a term exceeding one year,
233	229		8.9except that no person shall be arrested if the accused stands charged in the courts of any
234	230		8.10other state for acts committed in this state or services received in this state involving
235		-	8.11gender-affirming health care as defined in section ~~543~~.23, paragraph (b). When arrested ~~the~~
236		-	8.~~12accused~~ must be taken before a judge with all practicable speed and complaint must be
	231	+	8.11gender-affirming health care as defined in section 548.415, paragraph (b). When arrested
	232	+	8.12the accused must be taken before a judge with all practicable speed and complaint must be
237	233		8.13made against the accused under oath setting forth the ground for the arrest as in section
238	234		8.14629.13. Thereafter the answer shall be heard as if the accused had been arrested on a warrant.
239	235		8.15 EFFECTIVE DATE.This section is effective the day following final enactment.
240	236		8Sec. 10.
241		-	REVISOR BD ~~H0146-1~~~~HF146 FIRST ENGROSSMENT~~
	237	+	REVISOR BD/LN 23-0140501/03/23