Minnesota 2023-2024 Regular Session

Minnesota House Bill HF715 Compare Versions

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11 1.1 A bill for an act​
22 1.2 relating to children; preventing the use of subpoenas to gather information for​
33 1.3 out-of-state laws interfering in the use of gender-affirming health care; amending​
44 1.4 child custody and child welfare provisions related to out-of-state laws interfering​
55 1.5 in the use of gender-affirming health care; amending provisions related to warrants,​
66 1.6 arrests, and extraditions related to out-of-state laws on gender-affirming health​
77 1.7 care; amending Minnesota Statutes 2022, sections 518D.201; 518D.204; 518D.207;​
88 1.8 629.02; 629.05; 629.06; 629.13; 629.14; proposing coding for new law in Minnesota​
99 1.9 Statutes, chapters 260; 543.​
1010 1.10BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​
1111 1.11 Section 1. [260.925] APPLICATION OF LAWS; GENDER-AFFIRMING HEALTH​
1212 1.12CARE.​
1313 1.13 A law of another state that authorizes a state agency to remove a child from the child's​
1414 1.14parent or guardian because the parent or guardian allowed the child to receive​
1515 1.15gender-affirming health care, as defined in section 548.415, paragraph (b), is against the​
1616 1.16public policy of this state and must not be enforced or applied in a case pending in a court​
1717 1.17in this state. A court order for the removal of a child issued in another state because the​
1818 1.18child's parent or guardian assisted the child in receiving gender-affirming care in this state​
1919 1.19must not be enforced in this state.​
2020 1.20 EFFECTIVE DATE.This section is effective the day following final enactment.​
2121 1.21 Sec. 2. Minnesota Statutes 2022, section 518D.201, is amended to read:​
2222 1.22 518D.201 INITIAL CHILD CUSTODY JURISDICTION.​
2323 1.23 (a) Except as otherwise provided in section 518D.204, a court of this state has jurisdiction​
2424 1.24to make an initial child custody determination only if:​
2525 1​Sec. 2.​
2626 REVISOR BD/AD 23-02361​01/10/23 ​
2727 State of Minnesota​
2828 This Document can be made available​
2929 in alternative formats upon request​
3030 HOUSE OF REPRESENTATIVES​
3131 H. F. No. 715​
3232 NINETY-THIRD SESSION​ 2.1 (1) this state is the home state of the child on the date of the commencement of the​
3333 2.2proceeding, or was the home state of the child within six months before the commencement​
3434 2.3of the proceeding and the child is absent from this state but a parent or person acting as a​
3535 2.4parent continues to live in this state;​
3636 2.5 (2) a court of another state does not have jurisdiction under clause (1), or a court of the​
3737 2.6home state of the child has declined to exercise jurisdiction on the ground that this state is​
3838 2.7the more appropriate forum under section 518D.207 or 518D.208, and:​
3939 2.8 (i) the child and the child's parents, or the child and at least one parent or a person acting​
4040 2.9as a parent, have a significant connection with this state other than mere physical presence;​
4141 2.10and​
4242 2.11 (ii) substantial evidence is available in this state concerning the child's care, protection,​
4343 2.12training, and personal relationships;​
4444 2.13 (3) all courts having jurisdiction under clause (1) or (2) have declined to exercise​
4545 2.14jurisdiction on the ground that a court of this state is the more appropriate forum to determine​
4646 2.15the custody of the child under section 518D.207 or 518D.208; or​
4747 2.16 (4) no court of any other state would have jurisdiction under the criteria specified in​
4848 2.17clause (1), (2), or (3).​
4949 2.18 (b) Paragraph (a) is the exclusive jurisdictional basis for making a child custody​
5050 2.19determination by a court of this state.​
5151 2.20 (c) Physical presence of, or personal jurisdiction over, a party or a child is not necessary​
5252 2.21or sufficient to make a child custody determination.​
5353 2.22 (d) The presence of a child in this state for the purpose of obtaining gender-affirming​
5454 2.23health care as defined in section 548.415, paragraph (b), is sufficient to meet the requirements​
5555 2.24of paragraph (a), clause (2), item (i).​
5656 2.25 EFFECTIVE DATE.This section is effective the day following final enactment.​
5757 2.26 Sec. 3. Minnesota Statutes 2022, section 518D.204, is amended to read:​
5858 2.27 518D.204 TEMPORARY EMERGENCY JURISDICTION.​
5959 2.28 (a) A court of this state has temporary emergency jurisdiction if the child is present in​
6060 2.29this state and:​
6161 2.30 (1) the child has been abandoned or;​
6262 2​Sec. 3.​
6363 REVISOR BD/AD 23-02361​01/10/23 ​ 3.1 (2) it is necessary in an emergency to protect the child because the child, or a sibling or​
6464 3.2parent of the child, is subjected to or threatened with mistreatment or abuse; or​
6565 3.3 (3) the child has been unable to obtain gender-affirming health care as defined in section​
6666 3.4548.415, paragraph (b).​
6767 3.5 (b) If there is no previous child custody determination that is entitled to be enforced​
6868 3.6under this chapter, and a child custody proceeding has not been commenced in a court of a​
6969 3.7state having jurisdiction under sections 518D.201 to 518D.203, a child custody determination​
7070 3.8made under this section remains in effect until an order is obtained from a court of a state​
7171 3.9having jurisdiction under sections 518D.201 to 518D.203. If a child custody proceeding​
7272 3.10has not been or is not commenced in a court of a state having jurisdiction under sections​
7373 3.11518D.201 to 518D.203, a child custody determination made under this section becomes a​
7474 3.12final determination, if it so provides and this state becomes the home state of the child.​
7575 3.13 (c) If there is a previous child custody determination that is entitled to be enforced under​
7676 3.14this chapter, or a child custody proceeding has been commenced in a court of a state having​
7777 3.15jurisdiction under sections 518D.201 to 518D.203, any order issued by a court of this state​
7878 3.16under this section must specify in the order a period that the court considers adequate to​
7979 3.17allow the person seeking an order to obtain an order from the state having jurisdiction under​
8080 3.18sections 518D.201 to 518D.203. The order issued in this state remains in effect until an​
8181 3.19order is obtained from the other state within the period specified or the period expires.​
8282 3.20 (d) A court of this state which has been asked to make a child custody determination​
8383 3.21under this section, upon being informed that a child custody proceeding has been commenced​
8484 3.22in, or a child custody determination has been made by, a court of a state having jurisdiction​
8585 3.23under sections 518D.201 to 518D.203, shall immediately communicate with the other court.​
8686 3.24A court of this state which is exercising jurisdiction pursuant to sections 518D.201 to​
8787 3.25518D.203, upon being informed that a child custody proceeding has been commenced in,​
8888 3.26or a child custody determination has been made by, a court of another state under a statute​
8989 3.27similar to this section shall immediately communicate with the court of that state to resolve​
9090 3.28the emergency, protect the safety of the parties and the child, and determine a period for​
9191 3.29the duration of the temporary order.​
9292 3.30 EFFECTIVE DATE.This section is effective the day following final enactment.​
9393 3​Sec. 3.​
9494 REVISOR BD/AD 23-02361​01/10/23 ​ 4.1 Sec. 4. Minnesota Statutes 2022, section 518D.207, is amended to read:​
9595 4.2 518D.207 INCONVENIENT FORUM.​
9696 4.3 (a) A court of this state which has jurisdiction under this chapter to make a child custody​
9797 4.4determination may decline to exercise its jurisdiction at any time if it determines that it is​
9898 4.5an inconvenient forum under the circumstances and that a court of another state is a more​
9999 4.6appropriate forum. The issue of inconvenient forum may be raised upon motion of a party,​
100100 4.7the court's own motion, or request of another court.​
101101 4.8 (b) Before determining whether it is an inconvenient forum, a court of this state shall​
102102 4.9consider whether it is appropriate for a court of another state to exercise jurisdiction. For​
103103 4.10this purpose, the court shall allow the parties to submit information and shall consider all​
104104 4.11relevant factors, including:​
105105 4.12 (1) whether domestic violence has occurred and is likely to continue in the future and​
106106 4.13which state could best protect the parties and the child;​
107107 4.14 (2) the length of time the child has resided outside this state;​
108108 4.15 (3) the distance between the court in this state and the court in the state that would assume​
109109 4.16jurisdiction;​
110110 4.17 (4) the relative financial circumstances of the parties;​
111111 4.18 (5) any agreement of the parties as to which state should assume jurisdiction;​
112112 4.19 (6) the nature and location of the evidence required to resolve the pending litigation,​
113113 4.20including testimony of the child;​
114114 4.21 (7) the ability of the court of each state to decide the issue expeditiously and the​
115115 4.22procedures necessary to present the evidence; and​
116116 4.23 (8) the familiarity of the court of each state with the facts and issues in the pending​
117117 4.24litigation.​
118118 4.25 (c) If a court of this state determines that it is an inconvenient forum and that a court of​
119119 4.26another state is a more appropriate forum, it shall stay the proceedings upon condition that​
120120 4.27a child custody proceeding be promptly commenced in another designated state and may​
121121 4.28impose any other condition the court considers just and proper.​
122122 4.29 (d) A court of this state may decline to exercise its jurisdiction under this chapter if a​
123123 4.30child custody determination is incidental to an action for marriage dissolution or another​
124124 4.31proceeding while still retaining jurisdiction over the marriage dissolution or other proceeding.​
125125 4​Sec. 4.​
126126 REVISOR BD/AD 23-02361​01/10/23 ​ 5.1 (e) In a case where the provision of gender-affirming health care for a child is at issue,​
127127 5.2a court of this state shall not determine that this state is an inconvenient forum if the law or​
128128 5.3policy of the other state that may take jurisdiction limits the ability of a parent to obtain​
129129 5.4gender-affirming health care as defined in section 548.415, paragraph (b), for the parent's​
130130 5.5child.​
131131 5.6 EFFECTIVE DATE.This section is effective the day following final enactment.​
132132 5.7 Sec. 5. [543.23] UNENFORCEABLE SUBPOENAS.​
133133 5.8 (a) No subpoena shall be issued and no foreign subpoena shall be recognized in this​
134134 5.9state in a criminal or civil matter if the subpoena is related to a violation of another state's​
135135 5.10laws when the other state's laws are designed to interfere with an individual's right to receive​
136136 5.11gender-affirming health care. Failure to comply with a subpoena seeking information related​
137137 5.12to a person or entity allowing or assisting a child or an adult to receive gender-affirming​
138138 5.13health care when the information is being requested to enforce another state's laws that​
139139 5.14allow a civil or criminal action to be brought against a person for allowing or providing​
140140 5.15gender-affirming health care must not be the basis for contempt under section 588.01.​
141141 5.16 (b) "Gender-affirming health care" means medically necessary health care or mental​
142142 5.17health care that respects the gender identity of the patient, as experienced and defined by​
143143 5.18the patient, and that may include but is not limited to:​
144144 5.19 (1) interventions to suppress the development of endogenous secondary sex​
145145 5.20characteristics;​
146146 5.21 (2) interventions to align the patient's appearance or physical body with the patient's​
147147 5.22gender identity;​
148148 5.23 (3) interventions to alleviate the patient's symptoms of clinically significant distress​
149149 5.24resulting from gender dysphoria as defined in the current version of the Diagnostic and​
150150 5.25Statistical Manual of Mental Disorders; and​
151151 5.26 (4) developmentally appropriate exploration and integration of the patient's gender​
152152 5.27identity, reduction of the patient's distress, adaptive coping, and strategies to increase family​
153153 5.28acceptance of the patient's gender identity.​
154154 5.29 EFFECTIVE DATE.This section is effective the day following final enactment.​
155155 5​Sec. 5.​
156156 REVISOR BD/AD 23-02361​01/10/23 ​ 6.1 Sec. 6. Minnesota Statutes 2022, section 629.02, is amended to read:​
157157 6.2 629.02 DUTIES OF GOVERNOR IN EXTRADITION MATTERS.​
158158 6.3 Subject to the provisions of sections 629.01 to 629.29, the provisions of the Constitution​
159159 6.4of the United States controlling, and any and all acts of Congress enacted in pursuance​
160160 6.5thereof, it is the duty of the governor of this state to have arrested and delivered up to the​
161161 6.6executive authority of any other state of the United States any person charged in that state​
162162 6.7with treason, felony, or other crime, who has fled from justice and if found in this state.​
163163 6.8Nothing in this section shall limit any person's right to move freely between states or to​
164164 6.9enjoy the privileges and immunities of this state and no person shall be arrested or delivered​
165165 6.10up to the executive authority of any other state of the United States for acts committed in​
166166 6.11this state or services received in this state involving gender-affirming health care as defined​
167167 6.12in section 548.415, paragraph (b).​
168168 6.13 EFFECTIVE DATE.This section is effective the day following final enactment.​
169169 6.14 Sec. 7. Minnesota Statutes 2022, section 629.05, is amended to read:​
170170 6.15 629.05 EXTRADITION BY AGREEMENT.​
171171 6.16 When it is desired to have returned to this state a person charged in this state with a​
172172 6.17crime, and such person is imprisoned or is held under criminal proceedings then pending​
173173 6.18against that person in another state, the governor of this state may agree with the executive​
174174 6.19authority of such other state for the extradition of such person before the conclusion of such​
175175 6.20proceedings or the person's term of sentence in such other state, upon condition that such​
176176 6.21person be returned to such other state at the expense of this state as soon as the prosecution​
177177 6.22in this state is terminated.​
178178 6.23 The governor of this state may also surrender, on demand of the executive authority of​
179179 6.24any other state, any person in this state who is charged in the manner provided in section​
180180 6.25629.23 with having violated the laws of the state whose executive authority is making the​
181181 6.26demand, even though such person left the demanding state involuntarily, except that no​
182182 6.27person shall be surrendered for acts committed in this state or services received in this state​
183183 6.28involving gender-affirming health care as defined in section 548.415, paragraph (b).​
184184 6.29 EFFECTIVE DATE.This section is effective the day following final enactment.​
185185 6​Sec. 7.​
186186 REVISOR BD/AD 23-02361​01/10/23 ​ 7.1 Sec. 8. Minnesota Statutes 2022, section 629.06, is amended to read:​
187187 7.2 629.06 EXTRADITION OF PERSONS COMMITTING CRIME.​
188188 7.3 (a) Except as provided in paragraph (b), the governor of this state may also surrender,​
189189 7.4on demand of the executive authority of any other state, any person in this state charged in​
190190 7.5such other state in the manner provided in section 629.03 with committing an act in this​
191191 7.6state, or in a third state, intentionally resulting in a crime in the state, whose executive​
192192 7.7authority is making the demand, and the provisions of sections 629.01 to 629.29 not otherwise​
193193 7.8inconsistent, shall apply to such cases, even though the accused was not in that state at the​
194194 7.9time of the commission of the crime, and has not fled therefrom.​
195195 7.10 (b) Nothing in this section shall limit any person's right to move freely between states​
196196 7.11or to enjoy the privileges and immunities of this state and no person shall be surrendered​
197197 7.12to the executive authority of any other state for acts involving gender-affirming health care​
198198 7.13as defined in section 548.415, paragraph (b).​
199199 7.14 EFFECTIVE DATE.This section is effective the day following final enactment.​
200200 7.15 Sec. 9. Minnesota Statutes 2022, section 629.13, is amended to read:​
201201 7.16 629.13 WHO MAY BE APPREHENDED.​
202202 7.17 When any person within this state is charged on the oath of any credible person before​
203203 7.18any judge of this state with the commission of any crime in any other state other than a​
204204 7.19crime arising from acts committed in this state or services received in this state involving​
205205 7.20gender-affirming health care as defined in section 548.415, paragraph (b), and, except in​
206206 7.21cases arising under section 629.06, with having fled from justice, with having been convicted​
207207 7.22of a crime in that state and having escaped from confinement, or having broken the terms​
208208 7.23of bail, probation, or parole, or when complaint has been made before any judge in this state​
209209 7.24setting forth on the affidavit of any credible person in another state that a crime has been​
210210 7.25committed in the other state and that the accused has been charged in that state with the​
211211 7.26commission of the crime and, except in cases arising under section 629.06, has fled from​
212212 7.27justice, or with having been convicted of a crime in that state and having escaped from​
213213 7.28confinement, or having broken the terms of bail, probation, or parole, and is believed to be​
214214 7.29in this state, the judge shall issue a warrant directed to any peace officer commanding the​
215215 7.30officer to apprehend the person named in it, wherever the accused may be found in this​
216216 7.31state, and to bring the accused before the same or any other judge or court who or which​
217217 7.32may be available in or convenient of access to the place where the arrest may be made, to​
218218 7​Sec. 9.​
219219 REVISOR BD/AD 23-02361​01/10/23 ​ 8.1answer the charge or complaint and affidavit. A certified copy of the sworn charge or​
220220 8.2complaint and affidavit upon which the warrant is issued shall be attached to the warrant.​
221221 8.3 EFFECTIVE DATE.This section is effective the day following final enactment.​
222222 8.4 Sec. 10. Minnesota Statutes 2022, section 629.14, is amended to read:​
223223 8.5 629.14 ARREST WITHOUT WARRANT.​
224224 8.6 The arrest of a person may be lawfully made also by any peace officer or a private person,​
225225 8.7without a warrant upon reasonable information that the accused stands charged in the courts​
226226 8.8of a state with a crime punishable by death or imprisonment for a term exceeding one year,​
227227 8.9except that no person shall be arrested if the accused stands charged in the courts of any​
228228 8.10other state for acts committed in this state or services received in this state involving​
229229 8.11gender-affirming health care as defined in section 548.415, paragraph (b). When arrested​
230230 8.12the accused must be taken before a judge with all practicable speed and complaint must be​
231231 8.13made against the accused under oath setting forth the ground for the arrest as in section​
232232 8.14629.13. Thereafter the answer shall be heard as if the accused had been arrested on a warrant.​
233233 8.15 EFFECTIVE DATE.This section is effective the day following final enactment.​
234234 8​Sec. 10.​
235235 REVISOR BD/AD 23-02361​01/10/23 ​