| 1 | 1 | | 1.1 A bill for an act |
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| 2 | 2 | | 1.2 relating to children; preventing the use of subpoenas to gather information for |
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| 3 | 3 | | 1.3 out-of-state laws interfering in the use of gender-affirming health care; amending |
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| 4 | 4 | | 1.4 child custody and child welfare provisions related to out-of-state laws interfering |
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| 5 | 5 | | 1.5 in the use of gender-affirming health care; amending provisions related to warrants, |
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| 6 | 6 | | 1.6 arrests, and extraditions related to out-of-state laws on gender-affirming health |
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| 7 | 7 | | 1.7 care; amending Minnesota Statutes 2022, sections 518D.201; 518D.204; 518D.207; |
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| 8 | 8 | | 1.8 629.02; 629.05; 629.06; 629.13; 629.14; proposing coding for new law in Minnesota |
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| 9 | 9 | | 1.9 Statutes, chapters 260; 543. |
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| 10 | 10 | | 1.10BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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| 11 | 11 | | 1.11 Section 1. [260.925] APPLICATION OF LAWS; GENDER-AFFIRMING HEALTH |
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| 12 | 12 | | 1.12CARE. |
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| 13 | 13 | | 1.13 A law of another state that authorizes a state agency to remove a child from the child's |
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| 14 | 14 | | 1.14parent or guardian because the parent or guardian allowed the child to receive |
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| 15 | 15 | | 1.15gender-affirming health care, as defined in section 548.415, paragraph (b), is against the |
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| 16 | 16 | | 1.16public policy of this state and must not be enforced or applied in a case pending in a court |
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| 17 | 17 | | 1.17in this state. A court order for the removal of a child issued in another state because the |
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| 18 | 18 | | 1.18child's parent or guardian assisted the child in receiving gender-affirming care in this state |
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| 19 | 19 | | 1.19must not be enforced in this state. |
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| 20 | 20 | | 1.20 EFFECTIVE DATE.This section is effective the day following final enactment. |
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| 21 | 21 | | 1.21 Sec. 2. Minnesota Statutes 2022, section 518D.201, is amended to read: |
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| 22 | 22 | | 1.22 518D.201 INITIAL CHILD CUSTODY JURISDICTION. |
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| 23 | 23 | | 1.23 (a) Except as otherwise provided in section 518D.204, a court of this state has jurisdiction |
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| 24 | 24 | | 1.24to make an initial child custody determination only if: |
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| 25 | 25 | | 1Sec. 2. |
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| 26 | 26 | | REVISOR BD/AD 23-0236101/10/23 |
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| 27 | 27 | | State of Minnesota |
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| 28 | 28 | | This Document can be made available |
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| 29 | 29 | | in alternative formats upon request |
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| 30 | 30 | | HOUSE OF REPRESENTATIVES |
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| 31 | 31 | | H. F. No. 715 |
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| 32 | 32 | | NINETY-THIRD SESSION 2.1 (1) this state is the home state of the child on the date of the commencement of the |
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| 33 | 33 | | 2.2proceeding, or was the home state of the child within six months before the commencement |
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| 34 | 34 | | 2.3of the proceeding and the child is absent from this state but a parent or person acting as a |
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| 35 | 35 | | 2.4parent continues to live in this state; |
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| 36 | 36 | | 2.5 (2) a court of another state does not have jurisdiction under clause (1), or a court of the |
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| 37 | 37 | | 2.6home state of the child has declined to exercise jurisdiction on the ground that this state is |
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| 38 | 38 | | 2.7the more appropriate forum under section 518D.207 or 518D.208, and: |
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| 39 | 39 | | 2.8 (i) the child and the child's parents, or the child and at least one parent or a person acting |
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| 40 | 40 | | 2.9as a parent, have a significant connection with this state other than mere physical presence; |
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| 41 | 41 | | 2.10and |
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| 42 | 42 | | 2.11 (ii) substantial evidence is available in this state concerning the child's care, protection, |
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| 43 | 43 | | 2.12training, and personal relationships; |
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| 44 | 44 | | 2.13 (3) all courts having jurisdiction under clause (1) or (2) have declined to exercise |
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| 45 | 45 | | 2.14jurisdiction on the ground that a court of this state is the more appropriate forum to determine |
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| 46 | 46 | | 2.15the custody of the child under section 518D.207 or 518D.208; or |
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| 47 | 47 | | 2.16 (4) no court of any other state would have jurisdiction under the criteria specified in |
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| 48 | 48 | | 2.17clause (1), (2), or (3). |
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| 49 | 49 | | 2.18 (b) Paragraph (a) is the exclusive jurisdictional basis for making a child custody |
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| 50 | 50 | | 2.19determination by a court of this state. |
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| 51 | 51 | | 2.20 (c) Physical presence of, or personal jurisdiction over, a party or a child is not necessary |
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| 52 | 52 | | 2.21or sufficient to make a child custody determination. |
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| 53 | 53 | | 2.22 (d) The presence of a child in this state for the purpose of obtaining gender-affirming |
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| 54 | 54 | | 2.23health care as defined in section 548.415, paragraph (b), is sufficient to meet the requirements |
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| 55 | 55 | | 2.24of paragraph (a), clause (2), item (i). |
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| 56 | 56 | | 2.25 EFFECTIVE DATE.This section is effective the day following final enactment. |
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| 57 | 57 | | 2.26 Sec. 3. Minnesota Statutes 2022, section 518D.204, is amended to read: |
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| 58 | 58 | | 2.27 518D.204 TEMPORARY EMERGENCY JURISDICTION. |
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| 59 | 59 | | 2.28 (a) A court of this state has temporary emergency jurisdiction if the child is present in |
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| 60 | 60 | | 2.29this state and: |
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| 61 | 61 | | 2.30 (1) the child has been abandoned or; |
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| 62 | 62 | | 2Sec. 3. |
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| 63 | 63 | | REVISOR BD/AD 23-0236101/10/23 3.1 (2) it is necessary in an emergency to protect the child because the child, or a sibling or |
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| 64 | 64 | | 3.2parent of the child, is subjected to or threatened with mistreatment or abuse; or |
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| 65 | 65 | | 3.3 (3) the child has been unable to obtain gender-affirming health care as defined in section |
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| 66 | 66 | | 3.4548.415, paragraph (b). |
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| 67 | 67 | | 3.5 (b) If there is no previous child custody determination that is entitled to be enforced |
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| 68 | 68 | | 3.6under this chapter, and a child custody proceeding has not been commenced in a court of a |
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| 69 | 69 | | 3.7state having jurisdiction under sections 518D.201 to 518D.203, a child custody determination |
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| 70 | 70 | | 3.8made under this section remains in effect until an order is obtained from a court of a state |
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| 71 | 71 | | 3.9having jurisdiction under sections 518D.201 to 518D.203. If a child custody proceeding |
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| 72 | 72 | | 3.10has not been or is not commenced in a court of a state having jurisdiction under sections |
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| 73 | 73 | | 3.11518D.201 to 518D.203, a child custody determination made under this section becomes a |
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| 74 | 74 | | 3.12final determination, if it so provides and this state becomes the home state of the child. |
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| 75 | 75 | | 3.13 (c) If there is a previous child custody determination that is entitled to be enforced under |
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| 76 | 76 | | 3.14this chapter, or a child custody proceeding has been commenced in a court of a state having |
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| 77 | 77 | | 3.15jurisdiction under sections 518D.201 to 518D.203, any order issued by a court of this state |
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| 78 | 78 | | 3.16under this section must specify in the order a period that the court considers adequate to |
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| 79 | 79 | | 3.17allow the person seeking an order to obtain an order from the state having jurisdiction under |
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| 80 | 80 | | 3.18sections 518D.201 to 518D.203. The order issued in this state remains in effect until an |
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| 81 | 81 | | 3.19order is obtained from the other state within the period specified or the period expires. |
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| 82 | 82 | | 3.20 (d) A court of this state which has been asked to make a child custody determination |
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| 83 | 83 | | 3.21under this section, upon being informed that a child custody proceeding has been commenced |
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| 84 | 84 | | 3.22in, or a child custody determination has been made by, a court of a state having jurisdiction |
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| 85 | 85 | | 3.23under sections 518D.201 to 518D.203, shall immediately communicate with the other court. |
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| 86 | 86 | | 3.24A court of this state which is exercising jurisdiction pursuant to sections 518D.201 to |
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| 87 | 87 | | 3.25518D.203, upon being informed that a child custody proceeding has been commenced in, |
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| 88 | 88 | | 3.26or a child custody determination has been made by, a court of another state under a statute |
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| 89 | 89 | | 3.27similar to this section shall immediately communicate with the court of that state to resolve |
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| 90 | 90 | | 3.28the emergency, protect the safety of the parties and the child, and determine a period for |
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| 91 | 91 | | 3.29the duration of the temporary order. |
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| 92 | 92 | | 3.30 EFFECTIVE DATE.This section is effective the day following final enactment. |
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| 93 | 93 | | 3Sec. 3. |
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| 94 | 94 | | REVISOR BD/AD 23-0236101/10/23 4.1 Sec. 4. Minnesota Statutes 2022, section 518D.207, is amended to read: |
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| 95 | 95 | | 4.2 518D.207 INCONVENIENT FORUM. |
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| 96 | 96 | | 4.3 (a) A court of this state which has jurisdiction under this chapter to make a child custody |
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| 97 | 97 | | 4.4determination may decline to exercise its jurisdiction at any time if it determines that it is |
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| 98 | 98 | | 4.5an inconvenient forum under the circumstances and that a court of another state is a more |
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| 99 | 99 | | 4.6appropriate forum. The issue of inconvenient forum may be raised upon motion of a party, |
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| 100 | 100 | | 4.7the court's own motion, or request of another court. |
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| 101 | 101 | | 4.8 (b) Before determining whether it is an inconvenient forum, a court of this state shall |
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| 102 | 102 | | 4.9consider whether it is appropriate for a court of another state to exercise jurisdiction. For |
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| 103 | 103 | | 4.10this purpose, the court shall allow the parties to submit information and shall consider all |
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| 104 | 104 | | 4.11relevant factors, including: |
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| 105 | 105 | | 4.12 (1) whether domestic violence has occurred and is likely to continue in the future and |
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| 106 | 106 | | 4.13which state could best protect the parties and the child; |
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| 107 | 107 | | 4.14 (2) the length of time the child has resided outside this state; |
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| 108 | 108 | | 4.15 (3) the distance between the court in this state and the court in the state that would assume |
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| 109 | 109 | | 4.16jurisdiction; |
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| 110 | 110 | | 4.17 (4) the relative financial circumstances of the parties; |
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| 111 | 111 | | 4.18 (5) any agreement of the parties as to which state should assume jurisdiction; |
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| 112 | 112 | | 4.19 (6) the nature and location of the evidence required to resolve the pending litigation, |
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| 113 | 113 | | 4.20including testimony of the child; |
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| 114 | 114 | | 4.21 (7) the ability of the court of each state to decide the issue expeditiously and the |
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| 115 | 115 | | 4.22procedures necessary to present the evidence; and |
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| 116 | 116 | | 4.23 (8) the familiarity of the court of each state with the facts and issues in the pending |
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| 117 | 117 | | 4.24litigation. |
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| 118 | 118 | | 4.25 (c) If a court of this state determines that it is an inconvenient forum and that a court of |
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| 119 | 119 | | 4.26another state is a more appropriate forum, it shall stay the proceedings upon condition that |
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| 120 | 120 | | 4.27a child custody proceeding be promptly commenced in another designated state and may |
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| 121 | 121 | | 4.28impose any other condition the court considers just and proper. |
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| 122 | 122 | | 4.29 (d) A court of this state may decline to exercise its jurisdiction under this chapter if a |
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| 123 | 123 | | 4.30child custody determination is incidental to an action for marriage dissolution or another |
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| 124 | 124 | | 4.31proceeding while still retaining jurisdiction over the marriage dissolution or other proceeding. |
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| 125 | 125 | | 4Sec. 4. |
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| 126 | 126 | | REVISOR BD/AD 23-0236101/10/23 5.1 (e) In a case where the provision of gender-affirming health care for a child is at issue, |
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| 127 | 127 | | 5.2a court of this state shall not determine that this state is an inconvenient forum if the law or |
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| 128 | 128 | | 5.3policy of the other state that may take jurisdiction limits the ability of a parent to obtain |
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| 129 | 129 | | 5.4gender-affirming health care as defined in section 548.415, paragraph (b), for the parent's |
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| 130 | 130 | | 5.5child. |
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| 131 | 131 | | 5.6 EFFECTIVE DATE.This section is effective the day following final enactment. |
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| 132 | 132 | | 5.7 Sec. 5. [543.23] UNENFORCEABLE SUBPOENAS. |
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| 133 | 133 | | 5.8 (a) No subpoena shall be issued and no foreign subpoena shall be recognized in this |
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| 134 | 134 | | 5.9state in a criminal or civil matter if the subpoena is related to a violation of another state's |
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| 135 | 135 | | 5.10laws when the other state's laws are designed to interfere with an individual's right to receive |
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| 136 | 136 | | 5.11gender-affirming health care. Failure to comply with a subpoena seeking information related |
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| 137 | 137 | | 5.12to a person or entity allowing or assisting a child or an adult to receive gender-affirming |
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| 138 | 138 | | 5.13health care when the information is being requested to enforce another state's laws that |
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| 139 | 139 | | 5.14allow a civil or criminal action to be brought against a person for allowing or providing |
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| 140 | 140 | | 5.15gender-affirming health care must not be the basis for contempt under section 588.01. |
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| 141 | 141 | | 5.16 (b) "Gender-affirming health care" means medically necessary health care or mental |
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| 142 | 142 | | 5.17health care that respects the gender identity of the patient, as experienced and defined by |
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| 143 | 143 | | 5.18the patient, and that may include but is not limited to: |
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| 144 | 144 | | 5.19 (1) interventions to suppress the development of endogenous secondary sex |
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| 145 | 145 | | 5.20characteristics; |
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| 146 | 146 | | 5.21 (2) interventions to align the patient's appearance or physical body with the patient's |
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| 147 | 147 | | 5.22gender identity; |
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| 148 | 148 | | 5.23 (3) interventions to alleviate the patient's symptoms of clinically significant distress |
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| 149 | 149 | | 5.24resulting from gender dysphoria as defined in the current version of the Diagnostic and |
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| 150 | 150 | | 5.25Statistical Manual of Mental Disorders; and |
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| 151 | 151 | | 5.26 (4) developmentally appropriate exploration and integration of the patient's gender |
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| 152 | 152 | | 5.27identity, reduction of the patient's distress, adaptive coping, and strategies to increase family |
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| 153 | 153 | | 5.28acceptance of the patient's gender identity. |
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| 154 | 154 | | 5.29 EFFECTIVE DATE.This section is effective the day following final enactment. |
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| 155 | 155 | | 5Sec. 5. |
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| 156 | 156 | | REVISOR BD/AD 23-0236101/10/23 6.1 Sec. 6. Minnesota Statutes 2022, section 629.02, is amended to read: |
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| 157 | 157 | | 6.2 629.02 DUTIES OF GOVERNOR IN EXTRADITION MATTERS. |
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| 158 | 158 | | 6.3 Subject to the provisions of sections 629.01 to 629.29, the provisions of the Constitution |
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| 159 | 159 | | 6.4of the United States controlling, and any and all acts of Congress enacted in pursuance |
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| 160 | 160 | | 6.5thereof, it is the duty of the governor of this state to have arrested and delivered up to the |
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| 161 | 161 | | 6.6executive authority of any other state of the United States any person charged in that state |
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| 162 | 162 | | 6.7with treason, felony, or other crime, who has fled from justice and if found in this state. |
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| 163 | 163 | | 6.8Nothing in this section shall limit any person's right to move freely between states or to |
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| 164 | 164 | | 6.9enjoy the privileges and immunities of this state and no person shall be arrested or delivered |
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| 165 | 165 | | 6.10up to the executive authority of any other state of the United States for acts committed in |
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| 166 | 166 | | 6.11this state or services received in this state involving gender-affirming health care as defined |
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| 167 | 167 | | 6.12in section 548.415, paragraph (b). |
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| 168 | 168 | | 6.13 EFFECTIVE DATE.This section is effective the day following final enactment. |
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| 169 | 169 | | 6.14 Sec. 7. Minnesota Statutes 2022, section 629.05, is amended to read: |
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| 170 | 170 | | 6.15 629.05 EXTRADITION BY AGREEMENT. |
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| 171 | 171 | | 6.16 When it is desired to have returned to this state a person charged in this state with a |
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| 172 | 172 | | 6.17crime, and such person is imprisoned or is held under criminal proceedings then pending |
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| 173 | 173 | | 6.18against that person in another state, the governor of this state may agree with the executive |
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| 174 | 174 | | 6.19authority of such other state for the extradition of such person before the conclusion of such |
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| 175 | 175 | | 6.20proceedings or the person's term of sentence in such other state, upon condition that such |
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| 176 | 176 | | 6.21person be returned to such other state at the expense of this state as soon as the prosecution |
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| 177 | 177 | | 6.22in this state is terminated. |
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| 178 | 178 | | 6.23 The governor of this state may also surrender, on demand of the executive authority of |
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| 179 | 179 | | 6.24any other state, any person in this state who is charged in the manner provided in section |
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| 180 | 180 | | 6.25629.23 with having violated the laws of the state whose executive authority is making the |
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| 181 | 181 | | 6.26demand, even though such person left the demanding state involuntarily, except that no |
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| 182 | 182 | | 6.27person shall be surrendered for acts committed in this state or services received in this state |
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| 183 | 183 | | 6.28involving gender-affirming health care as defined in section 548.415, paragraph (b). |
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| 184 | 184 | | 6.29 EFFECTIVE DATE.This section is effective the day following final enactment. |
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| 185 | 185 | | 6Sec. 7. |
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| 186 | 186 | | REVISOR BD/AD 23-0236101/10/23 7.1 Sec. 8. Minnesota Statutes 2022, section 629.06, is amended to read: |
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| 187 | 187 | | 7.2 629.06 EXTRADITION OF PERSONS COMMITTING CRIME. |
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| 188 | 188 | | 7.3 (a) Except as provided in paragraph (b), the governor of this state may also surrender, |
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| 189 | 189 | | 7.4on demand of the executive authority of any other state, any person in this state charged in |
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| 190 | 190 | | 7.5such other state in the manner provided in section 629.03 with committing an act in this |
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| 191 | 191 | | 7.6state, or in a third state, intentionally resulting in a crime in the state, whose executive |
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| 192 | 192 | | 7.7authority is making the demand, and the provisions of sections 629.01 to 629.29 not otherwise |
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| 193 | 193 | | 7.8inconsistent, shall apply to such cases, even though the accused was not in that state at the |
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| 194 | 194 | | 7.9time of the commission of the crime, and has not fled therefrom. |
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| 195 | 195 | | 7.10 (b) Nothing in this section shall limit any person's right to move freely between states |
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| 196 | 196 | | 7.11or to enjoy the privileges and immunities of this state and no person shall be surrendered |
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| 197 | 197 | | 7.12to the executive authority of any other state for acts involving gender-affirming health care |
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| 198 | 198 | | 7.13as defined in section 548.415, paragraph (b). |
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| 199 | 199 | | 7.14 EFFECTIVE DATE.This section is effective the day following final enactment. |
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| 200 | 200 | | 7.15 Sec. 9. Minnesota Statutes 2022, section 629.13, is amended to read: |
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| 201 | 201 | | 7.16 629.13 WHO MAY BE APPREHENDED. |
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| 202 | 202 | | 7.17 When any person within this state is charged on the oath of any credible person before |
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| 203 | 203 | | 7.18any judge of this state with the commission of any crime in any other state other than a |
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| 204 | 204 | | 7.19crime arising from acts committed in this state or services received in this state involving |
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| 205 | 205 | | 7.20gender-affirming health care as defined in section 548.415, paragraph (b), and, except in |
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| 206 | 206 | | 7.21cases arising under section 629.06, with having fled from justice, with having been convicted |
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| 207 | 207 | | 7.22of a crime in that state and having escaped from confinement, or having broken the terms |
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| 208 | 208 | | 7.23of bail, probation, or parole, or when complaint has been made before any judge in this state |
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| 209 | 209 | | 7.24setting forth on the affidavit of any credible person in another state that a crime has been |
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| 210 | 210 | | 7.25committed in the other state and that the accused has been charged in that state with the |
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| 211 | 211 | | 7.26commission of the crime and, except in cases arising under section 629.06, has fled from |
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| 212 | 212 | | 7.27justice, or with having been convicted of a crime in that state and having escaped from |
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| 213 | 213 | | 7.28confinement, or having broken the terms of bail, probation, or parole, and is believed to be |
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| 214 | 214 | | 7.29in this state, the judge shall issue a warrant directed to any peace officer commanding the |
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| 215 | 215 | | 7.30officer to apprehend the person named in it, wherever the accused may be found in this |
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| 216 | 216 | | 7.31state, and to bring the accused before the same or any other judge or court who or which |
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| 217 | 217 | | 7.32may be available in or convenient of access to the place where the arrest may be made, to |
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| 218 | 218 | | 7Sec. 9. |
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| 219 | 219 | | REVISOR BD/AD 23-0236101/10/23 8.1answer the charge or complaint and affidavit. A certified copy of the sworn charge or |
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| 220 | 220 | | 8.2complaint and affidavit upon which the warrant is issued shall be attached to the warrant. |
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| 221 | 221 | | 8.3 EFFECTIVE DATE.This section is effective the day following final enactment. |
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| 222 | 222 | | 8.4 Sec. 10. Minnesota Statutes 2022, section 629.14, is amended to read: |
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| 223 | 223 | | 8.5 629.14 ARREST WITHOUT WARRANT. |
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| 224 | 224 | | 8.6 The arrest of a person may be lawfully made also by any peace officer or a private person, |
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| 225 | 225 | | 8.7without a warrant upon reasonable information that the accused stands charged in the courts |
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| 226 | 226 | | 8.8of a state with a crime punishable by death or imprisonment for a term exceeding one year, |
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| 227 | 227 | | 8.9except that no person shall be arrested if the accused stands charged in the courts of any |
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| 228 | 228 | | 8.10other state for acts committed in this state or services received in this state involving |
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| 229 | 229 | | 8.11gender-affirming health care as defined in section 548.415, paragraph (b). When arrested |
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| 230 | 230 | | 8.12the accused must be taken before a judge with all practicable speed and complaint must be |
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| 231 | 231 | | 8.13made against the accused under oath setting forth the ground for the arrest as in section |
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| 232 | 232 | | 8.14629.13. Thereafter the answer shall be heard as if the accused had been arrested on a warrant. |
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| 233 | 233 | | 8.15 EFFECTIVE DATE.This section is effective the day following final enactment. |
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| 234 | 234 | | 8Sec. 10. |
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| 235 | 235 | | REVISOR BD/AD 23-0236101/10/23 |
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