| 34 | | - | Introduction and first reading14201/11/2023 |
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| 35 | | - | Referred to Health and Human Services |
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| 36 | | - | Comm report: To pass as amended and re-refer to Judiciary and Public Safety03/15/2023 2.1services to a patient, constitutes a specific authorization in law under section 144.293, |
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| 37 | | - | 2.2subdivision 2. |
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| 38 | | - | 2.3 EFFECTIVE DATE.This section is effective the day following final enactment. |
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| 39 | | - | 2.4 Sec. 2. Minnesota Statutes 2022, section 147.091, is amended by adding a subdivision to |
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| 40 | | - | 2.5read: |
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| 41 | | - | 2.6 Subd. 1c.Reproductive health care services.(a) For purposes of this subdivision, |
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| 42 | | - | 2.7"reproductive health care services" means medical, surgical, counseling, or referral services |
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| 43 | | - | 2.8relating to the human reproductive system, including but not limited to services related to |
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| 44 | | - | 2.9pregnancy, contraception, or the termination of a pregnancy. |
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| 45 | | - | 2.10 (b) Notwithstanding subdivision 1, paragraph (c) or (d), the board shall not refuse to |
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| 46 | | - | 2.11grant a license to an applicant for licensure, refuse to grant registration to a physician to |
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| 47 | | - | 2.12perform interstate telehealth services, or impose disciplinary action against a physician |
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| 48 | | - | 2.13solely on one or more of the following grounds: |
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| 49 | | - | 2.14 (1) the applicant or physician provided or assisted in the provision of reproductive health |
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| 50 | | - | 2.15care services in a manner that is lawful in this state and that is within the applicable scope |
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| 51 | | - | 2.16of practice; |
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| 52 | | - | 2.17 (2) the applicant or physician was convicted in another jurisdiction of a felony resulting |
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| 53 | | - | 2.18from conduct specified in clause (1); or |
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| 54 | | - | 2.19 (3) the applicant or physician was subject to disciplinary action in another jurisdiction |
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| 55 | | - | 2.20or was refused a license to practice medicine in another jurisdiction resulting from conduct |
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| 56 | | - | 2.21specified in clause (1). |
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| 57 | | - | 2.22 EFFECTIVE DATE.This section is effective the day following final enactment. |
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| 58 | | - | 2.23 Sec. 3. Minnesota Statutes 2022, section 147A.13, is amended by adding a subdivision to |
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| 59 | | - | 2.24read: |
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| 60 | | - | 2.25 Subd. 1a.Reproductive health care services.(a) For purposes of this subdivision, |
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| 61 | | - | 2.26"reproductive health care services" has the meaning given in section 147.091, subdivision |
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| 62 | | - | 2.271c. |
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| 63 | | - | 2.28 (b) Notwithstanding subdivision 1, clause (3) or (4), the board shall not refuse to grant |
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| 64 | | - | 2.29a license to an applicant for licensure or impose disciplinary action against a physician |
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| 65 | | - | 2.30assistant solely on one or more of the following grounds: |
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| 34 | + | Introduction and first reading01/11/2023 |
|---|
| 35 | + | Referred to Health and Human Services 2.1 EFFECTIVE DATE.This section is effective the day following final enactment. |
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| 36 | + | 2.2 Sec. 2. Minnesota Statutes 2022, section 147.091, is amended by adding a subdivision to |
|---|
| 37 | + | 2.3read: |
|---|
| 38 | + | 2.4 Subd. 1c.Reproductive health care services.(a) For purposes of this subdivision, |
|---|
| 39 | + | 2.5"reproductive health care services" means medical, surgical, counseling, or referral services |
|---|
| 40 | + | 2.6relating to the human reproductive system, including but not limited to services related to |
|---|
| 41 | + | 2.7pregnancy, contraception, or the termination of a pregnancy. |
|---|
| 42 | + | 2.8 (b) Notwithstanding subdivision 1, paragraph (c) or (d), the board shall not refuse to |
|---|
| 43 | + | 2.9grant a license to an applicant for licensure, refuse to grant registration to a physician to |
|---|
| 44 | + | 2.10perform interstate telehealth services, or impose disciplinary action against a physician |
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| 45 | + | 2.11solely on one or more of the following grounds: |
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| 46 | + | 2.12 (1) the applicant or physician provided or assisted in the provision of reproductive health |
|---|
| 47 | + | 2.13care services in a manner that is lawful in this state and that is within the applicable scope |
|---|
| 48 | + | 2.14of practice; |
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| 49 | + | 2.15 (2) the applicant or physician was convicted in another jurisdiction of a felony resulting |
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| 50 | + | 2.16from conduct specified in clause (1); or |
|---|
| 51 | + | 2.17 (3) the applicant or physician was subject to disciplinary action in another jurisdiction |
|---|
| 52 | + | 2.18or was refused a license to practice medicine in another jurisdiction resulting from conduct |
|---|
| 53 | + | 2.19specified in clause (1). |
|---|
| 54 | + | 2.20 EFFECTIVE DATE.This section is effective the day following final enactment. |
|---|
| 55 | + | 2.21 Sec. 3. Minnesota Statutes 2022, section 147A.13, is amended by adding a subdivision to |
|---|
| 56 | + | 2.22read: |
|---|
| 57 | + | 2.23 Subd. 1a.Reproductive health care services.(a) For purposes of this subdivision, |
|---|
| 58 | + | 2.24"reproductive health care services" has the meaning given in section 147.091, subdivision |
|---|
| 59 | + | 2.251c. |
|---|
| 60 | + | 2.26 (b) Notwithstanding subdivision 1, clause (3) or (4), the board shall not refuse to grant |
|---|
| 61 | + | 2.27a license to an applicant for licensure or impose disciplinary action against a physician |
|---|
| 62 | + | 2.28assistant solely on one or more of the following grounds: |
|---|
| 63 | + | 2.29 (1) the applicant or physician assistant provided or assisted in the provision of |
|---|
| 64 | + | 2.30reproductive health care services in a manner that is lawful in this state and that is within |
|---|
| 65 | + | 2.31the applicable scope of practice; |
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| 99 | | - | S0165-1 1st EngrossmentSF165 REVISOR SGS 4.1 EFFECTIVE DATE.This section is effective the day following final enactment. |
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| 100 | | - | 4.2 Sec. 6. [548.252] APPLICATION OF LAW; ENFORCEMENT OF JUDGMENTS; |
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| 101 | | - | 4.3REPRODUCTIVE HEALTH. |
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| 102 | | - | 4.4 (a) A law of another state that authorizes a person to bring a civil action against a person |
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| 103 | | - | 4.5or entity that does any of the following is contrary to the public policy of this state: |
|---|
| 104 | | - | 4.6 (1) terminates a pregnancy or seeks to terminate a pregnancy; |
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| 105 | | - | 4.7 (2) performs an act to terminate a pregnancy; |
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| 106 | | - | 4.8 (3) knowingly engages in conduct that assists in the termination of a pregnancy; or |
|---|
| 107 | | - | 4.9 (4) attempts or intends to engage in the conduct specified in clause (1), (2), or (3). |
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| 108 | | - | 4.10 (b) A court in this state shall not apply a law described in paragraph (a) to a cause of |
|---|
| 109 | | - | 4.11action. A court in this state shall not enforce or satisfy a civil judgment received through |
|---|
| 110 | | - | 4.12an adjudication under a law described in paragraph (a). |
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| 111 | | - | 4.13 (c) Notwithstanding any law to the contrary, a subpoena issued in this state for an action |
|---|
| 112 | | - | 4.14pending in another state or issued in another state for an action pending in that state for the |
|---|
| 113 | | - | 4.15attendance of a witness or the production of records shall not be enforced in this state if the |
|---|
| 114 | | - | 4.16subpoena relates to a potential civil or criminal action against a patient, health care provider, |
|---|
| 115 | | - | 4.17or other person for violating a law of the other state that restricts or limits access to, or the |
|---|
| 116 | | - | 4.18provision of, the termination of a pregnancy. |
|---|
| 117 | | - | 4.19 (d) This section does not apply if the act on which the cause of action, judgment, or |
|---|
| 118 | | - | 4.20subpoena was based would have served as the basis for a valid cause of action in this state |
|---|
| 119 | | - | 4.21or if, at the time the act was performed, the act could have subjected a patient, health care |
|---|
| 120 | | - | 4.22provider, or other person to a civil action or criminal penalties in this state if the act had |
|---|
| 121 | | - | 4.23taken place in this state. |
|---|
| 122 | | - | 4.24 EFFECTIVE DATE.This section is effective the day following final enactment. |
|---|
| 123 | | - | 4.25 Sec. 7. [604.415] CIVIL LIABILITY FOR REPRODUCTIVE HEALTH PENALTIES. |
|---|
| 124 | | - | 4.26 Except when a case would be the basis for a valid cause of action in this state, a person |
|---|
| 125 | | - | 4.27against whom a judgment is entered pursuant to the laws of any other state based on the |
|---|
| 126 | | - | 4.28alleged provision, receipt, assistance in the provision or receipt, or material support in the |
|---|
| 127 | | - | 4.29provision or receipt of any reproductive health care services that are permitted in this state |
|---|
| 128 | | - | 4.30may bring an action against the person who brought the action leading to that judgment or |
|---|
| 129 | | - | 4.31who sought to enforce that judgment for: |
|---|
| 130 | | - | 4Sec. 7. |
|---|
| 131 | | - | S0165-1 1st EngrossmentSF165 REVISOR SGS 5.1 (1) actual damages in the amount of the judgment in the other state; |
|---|
| 132 | | - | 5.2 (2) costs and reasonable attorney fees incurred in defending the action that resulted in |
|---|
| 133 | | - | 5.3the judgment in the other state; and |
|---|
| 134 | | - | 5.4 (3) costs and reasonable attorney fees incurred to bring an action under this section. |
|---|
| 135 | | - | 5.5 EFFECTIVE DATE.This section is effective the day following final enactment. |
|---|
| 136 | | - | 5.6 Sec. 8. Minnesota Statutes 2022, section 629.02, is amended to read: |
|---|
| 137 | | - | 5.7 629.02 DUTIES OF GOVERNOR IN EXTRADITION MATTERS. |
|---|
| 138 | | - | 5.8 Subject to the provisions of sections 629.01 to 629.29, the provisions of the Constitution |
|---|
| 139 | | - | 5.9of the United States controlling, and any and all acts of Congress enacted in pursuance |
|---|
| 140 | | - | 5.10thereof, it is the duty of the governor of this state to have arrested and delivered up to the |
|---|
| 141 | | - | 5.11executive authority of any other state of the United States any person charged in that state |
|---|
| 142 | | - | 5.12with treason, felony, or other crime, who has fled from justice and if found in this state. |
|---|
| 143 | | - | 5.13Nothing in this section shall limit any person's right to move freely between states or to |
|---|
| 144 | | - | 5.14enjoy the privileges and immunities of this state, and no person shall be arrested or delivered |
|---|
| 145 | | - | 5.15up to the executive authority of any other state of the United States for acts committed in |
|---|
| 146 | | - | 5.16this state or services received in this state involving any medical, surgical, counseling, or |
|---|
| 147 | | - | 5.17referral services relating to the human reproductive system, including but not limited to |
|---|
| 148 | | - | 5.18services related to pregnancy, contraception, or the termination of a pregnancy. |
|---|
| 149 | | - | 5.19 EFFECTIVE DATE.This section is effective the day following final enactment. |
|---|
| 150 | | - | 5.20 Sec. 9. Minnesota Statutes 2022, section 629.05, is amended to read: |
|---|
| 151 | | - | 5.21 629.05 EXTRADITION BY AGREEMENT. |
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| 152 | | - | 5.22 When it is desired to have returned to this state a person charged in this state with a |
|---|
| 153 | | - | 5.23crime, and such person is imprisoned or is held under criminal proceedings then pending |
|---|
| 154 | | - | 5.24against that person in another state, the governor of this state may agree with the executive |
|---|
| 155 | | - | 5.25authority of such other state for the extradition of such person before the conclusion of such |
|---|
| 156 | | - | 5.26proceedings or the person's term of sentence in such other state, upon condition that such |
|---|
| 157 | | - | 5.27person be returned to such other state at the expense of this state as soon as the prosecution |
|---|
| 158 | | - | 5.28in this state is terminated. |
|---|
| 159 | | - | 5.29 The governor of this state may also surrender, on demand of the executive authority of |
|---|
| 160 | | - | 5.30any other state, any person in this state who is charged in the manner provided in section |
|---|
| 161 | | - | 5.31629.23 with having violated the laws of the state whose executive authority is making the |
|---|
| 162 | | - | 5.32demand, even though such person left the demanding state involuntarily, except that no |
|---|
| 163 | | - | 5Sec. 9. |
|---|
| 164 | | - | S0165-1 1st EngrossmentSF165 REVISOR SGS 6.1person shall be surrendered for acts committed in this state or services received in this state |
|---|
| 165 | | - | 6.2involving any medical, surgical, counseling, or referral services relating to the human |
|---|
| 166 | | - | 6.3reproductive system, including but not limited to services related to pregnancy, contraception, |
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| 167 | | - | 6.4or the termination of a pregnancy. |
|---|
| 168 | | - | 6.5 EFFECTIVE DATE.This section is effective the day following final enactment. |
|---|
| 169 | | - | 6.6 Sec. 10. Minnesota Statutes 2022, section 629.06, is amended to read: |
|---|
| 170 | | - | 6.7 629.06 EXTRADITION OF PERSONS COMMITTING CRIME. |
|---|
| 171 | | - | 6.8 (a) Except as provided in paragraph (b), the governor of this state may also surrender, |
|---|
| 172 | | - | 6.9on demand of the executive authority of any other state, any person in this state charged in |
|---|
| 173 | | - | 6.10such other state in the manner provided in section 629.03 with committing an act in this |
|---|
| 174 | | - | 6.11state, or in a third state, intentionally resulting in a crime in the state, whose executive |
|---|
| 175 | | - | 6.12authority is making the demand, and the provisions of sections 629.01 to 629.29 not otherwise |
|---|
| 176 | | - | 6.13inconsistent, shall apply to such cases, even though the accused was not in that state at the |
|---|
| 177 | | - | 6.14time of the commission of the crime, and has not fled therefrom. |
|---|
| 178 | | - | 6.15 (b) Nothing in this section shall limit any person's right to move freely between states |
|---|
| 179 | | - | 6.16or to enjoy the privileges and immunities of this state, and no person shall be surrendered |
|---|
| 180 | | - | 6.17to the executive authority of any other state for acts involving any medical, surgical, |
|---|
| 181 | | - | 6.18counseling, or referral services relating to the human reproductive system, including but |
|---|
| 182 | | - | 6.19not limited to services related to pregnancy, contraception, or the termination of a pregnancy. |
|---|
| 183 | | - | 6.20 EFFECTIVE DATE.This section is effective the day following final enactment. |
|---|
| 184 | | - | 6.21 Sec. 11. Minnesota Statutes 2022, section 629.13, is amended to read: |
|---|
| 185 | | - | 6.22 629.13 WHO MAY BE APPREHENDED. |
|---|
| 186 | | - | 6.23 When any person within this state is charged on the oath of any credible person before |
|---|
| 187 | | - | 6.24any judge of this state with the commission of any crime in any other state other than a |
|---|
| 188 | | - | 6.25crime arising from acts committed in this state or services received in this state involving |
|---|
| 189 | | - | 6.26any medical, surgical, counseling, or referral services relating to the human reproductive |
|---|
| 190 | | - | 6.27system, including but not limited to services related to pregnancy, contraception, or the |
|---|
| 191 | | - | 6.28termination of a pregnancy, and, except in cases arising under section 629.06, with having |
|---|
| 192 | | - | 6.29fled from justice, with having been convicted of a crime in that state and having escaped |
|---|
| 193 | | - | 6.30from confinement, or having broken the terms of bail, probation, or parole, or when complaint |
|---|
| 194 | | - | 6.31has been made before any judge in this state setting forth on the affidavit of any credible |
|---|
| 195 | | - | 6.32person in another state that a crime has been committed in the other state and that the accused |
|---|
| 196 | | - | 6Sec. 11. |
|---|
| 197 | | - | S0165-1 1st EngrossmentSF165 REVISOR SGS 7.1has been charged in that state with the commission of the crime and, except in cases arising |
|---|
| 198 | | - | 7.2under section 629.06, has fled from justice, or with having been convicted of a crime in that |
|---|
| 199 | | - | 7.3state and having escaped from confinement, or having broken the terms of bail, probation, |
|---|
| 200 | | - | 7.4or parole, and is believed to be in this state, the judge shall issue a warrant directed to any |
|---|
| 201 | | - | 7.5peace officer commanding the officer to apprehend the person named in it, wherever the |
|---|
| 202 | | - | 7.6accused may be found in this state, and to bring the accused before the same or any other |
|---|
| 203 | | - | 7.7judge or court who or which may be available in or convenient of access to the place where |
|---|
| 204 | | - | 7.8the arrest may be made, to answer the charge or complaint and affidavit. A certified copy |
|---|
| 205 | | - | 7.9of the sworn charge or complaint and affidavit upon which the warrant is issued shall be |
|---|
| 206 | | - | 7.10attached to the warrant. |
|---|
| 207 | | - | 7.11 EFFECTIVE DATE.This section is effective the day following final enactment. |
|---|
| 208 | | - | 7.12 Sec. 12. Minnesota Statutes 2022, section 629.14, is amended to read: |
|---|
| 209 | | - | 7.13 629.14 ARREST WITHOUT WARRANT. |
|---|
| 210 | | - | 7.14 The arrest of a person may be lawfully made also by any peace officer or a private person, |
|---|
| 211 | | - | 7.15without a warrant upon reasonable information that the accused stands charged in the courts |
|---|
| 212 | | - | 7.16of a state with a crime punishable by death or imprisonment for a term exceeding one year, |
|---|
| 213 | | - | 7.17except that no person shall be arrested if the accused stands charged in the courts of any |
|---|
| 214 | | - | 7.18other state for acts committed in this state or services received in this state involving any |
|---|
| 215 | | - | 7.19medical, surgical, counseling, or referral services relating to the human reproductive system, |
|---|
| 216 | | - | 7.20including but not limited to services related to pregnancy, contraception, or the termination |
|---|
| 217 | | - | 7.21of a pregnancy. When arrested the accused must be taken before a judge with all practicable |
|---|
| 218 | | - | 7.22speed and complaint must be made against the accused under oath setting forth the ground |
|---|
| 219 | | - | 7.23for the arrest as in section 629.13. Thereafter the answer shall be heard as if the accused |
|---|
| 220 | | - | 7.24had been arrested on a warrant. |
|---|
| 221 | | - | 7.25 EFFECTIVE DATE.This section is effective the day following final enactment. |
|---|
| 222 | | - | 7Sec. 12. |
|---|
| 223 | | - | S0165-1 1st EngrossmentSF165 REVISOR SGS |
|---|
| 98 | + | 23-01490 as introduced01/03/23 REVISOR SGS/CH 4.1 (4) attempts or intends to engage in the conduct specified in clause (1), (2), or (3). |
|---|
| 99 | + | 4.2 (b) A court in this state shall not apply a law described in paragraph (a) to a cause of |
|---|
| 100 | + | 4.3action. A court in this state shall not enforce or satisfy a civil judgment received through |
|---|
| 101 | + | 4.4an adjudication under a law described in paragraph (a). |
|---|
| 102 | + | 4.5 (c) Notwithstanding any law to the contrary, a subpoena issued in this state for an action |
|---|
| 103 | + | 4.6pending in another state or issued in another state for an action pending in that state for the |
|---|
| 104 | + | 4.7attendance of a witness or the production of records shall not be enforced in this state if the |
|---|
| 105 | + | 4.8subpoena relates to a potential civil or criminal action against a patient, health care provider, |
|---|
| 106 | + | 4.9or other person for violating a law of the other state that restricts or limits access to, or the |
|---|
| 107 | + | 4.10provision of, the termination of a pregnancy. |
|---|
| 108 | + | 4.11 (d) This section does not apply if the act on which the cause of action, judgment, or |
|---|
| 109 | + | 4.12subpoena was based would have served as the basis for a valid cause of action in this state |
|---|
| 110 | + | 4.13or if, at the time the act was performed, the act could have subjected a patient, health care |
|---|
| 111 | + | 4.14provider, or other person to a civil action or criminal penalties in this state if the act had |
|---|
| 112 | + | 4.15taken place in this state. |
|---|
| 113 | + | 4.16 EFFECTIVE DATE.This section is effective the day following final enactment. |
|---|
| 114 | + | 4.17 Sec. 6. [604.415] CIVIL LIABILITY FOR REPRODUCTIVE HEALTH PENALTIES. |
|---|
| 115 | + | 4.18 Except when a case would be the basis for a valid cause of action in this state, a person |
|---|
| 116 | + | 4.19against whom a judgment is entered pursuant to the laws of any other state based on the |
|---|
| 117 | + | 4.20alleged provision, receipt, assistance in the provision or receipt, or material support in the |
|---|
| 118 | + | 4.21provision or receipt of any reproductive health care services that are permitted in this state |
|---|
| 119 | + | 4.22may bring an action against the person who brought the action leading to that judgment or |
|---|
| 120 | + | 4.23who sought to enforce that judgment for: |
|---|
| 121 | + | 4.24 (1) actual damages in the amount of the judgment in the other state; |
|---|
| 122 | + | 4.25 (2) costs and reasonable attorney fees incurred in defending the action that resulted in |
|---|
| 123 | + | 4.26the judgment in the other state; and |
|---|
| 124 | + | 4.27 (3) costs and reasonable attorney fees incurred to bring an action under this section. |
|---|
| 125 | + | 4.28 EFFECTIVE DATE.This section is effective the day following final enactment. |
|---|
| 126 | + | 4Sec. 6. |
|---|
| 127 | + | 23-01490 as introduced01/03/23 REVISOR SGS/CH 5.1 Sec. 7. Minnesota Statutes 2022, section 629.02, is amended to read: |
|---|
| 128 | + | 5.2 629.02 DUTIES OF GOVERNOR IN EXTRADITION MATTERS. |
|---|
| 129 | + | 5.3 Subject to the provisions of sections 629.01 to 629.29, the provisions of the Constitution |
|---|
| 130 | + | 5.4of the United States controlling, and any and all acts of Congress enacted in pursuance |
|---|
| 131 | + | 5.5thereof, it is the duty of the governor of this state to have arrested and delivered up to the |
|---|
| 132 | + | 5.6executive authority of any other state of the United States any person charged in that state |
|---|
| 133 | + | 5.7with treason, felony, or other crime, who has fled from justice and if found in this state. |
|---|
| 134 | + | 5.8Nothing in this section shall limit any person's right to move freely between states or to |
|---|
| 135 | + | 5.9enjoy the privileges and immunities of this state, and no person shall be arrested or delivered |
|---|
| 136 | + | 5.10up to the executive authority of any other state of the United States for acts committed in |
|---|
| 137 | + | 5.11this state or services received in this state involving any medical, surgical, counseling, or |
|---|
| 138 | + | 5.12referral services relating to the human reproductive system, including but not limited to |
|---|
| 139 | + | 5.13services related to pregnancy, contraception, or the termination of a pregnancy. |
|---|
| 140 | + | 5.14 EFFECTIVE DATE.This section is effective the day following final enactment. |
|---|
| 141 | + | 5.15 Sec. 8. Minnesota Statutes 2022, section 629.05, is amended to read: |
|---|
| 142 | + | 5.16 629.05 EXTRADITION BY AGREEMENT. |
|---|
| 143 | + | 5.17 When it is desired to have returned to this state a person charged in this state with a |
|---|
| 144 | + | 5.18crime, and such person is imprisoned or is held under criminal proceedings then pending |
|---|
| 145 | + | 5.19against that person in another state, the governor of this state may agree with the executive |
|---|
| 146 | + | 5.20authority of such other state for the extradition of such person before the conclusion of such |
|---|
| 147 | + | 5.21proceedings or the person's term of sentence in such other state, upon condition that such |
|---|
| 148 | + | 5.22person be returned to such other state at the expense of this state as soon as the prosecution |
|---|
| 149 | + | 5.23in this state is terminated. |
|---|
| 150 | + | 5.24 The governor of this state may also surrender, on demand of the executive authority of |
|---|
| 151 | + | 5.25any other state, any person in this state who is charged in the manner provided in section |
|---|
| 152 | + | 5.26629.23 with having violated the laws of the state whose executive authority is making the |
|---|
| 153 | + | 5.27demand, even though such person left the demanding state involuntarily, except that no |
|---|
| 154 | + | 5.28person shall be surrendered for acts committed in this state or services received in this state |
|---|
| 155 | + | 5.29involving any medical, surgical, counseling, or referral services relating to the human |
|---|
| 156 | + | 5.30reproductive system, including but not limited to services related to pregnancy, contraception, |
|---|
| 157 | + | 5.31or the termination of a pregnancy. |
|---|
| 158 | + | 5.32 EFFECTIVE DATE.This section is effective the day following final enactment. |
|---|
| 159 | + | 5Sec. 8. |
|---|
| 160 | + | 23-01490 as introduced01/03/23 REVISOR SGS/CH 6.1 Sec. 9. Minnesota Statutes 2022, section 629.06, is amended to read: |
|---|
| 161 | + | 6.2 629.06 EXTRADITION OF PERSONS COMMITTING CRIME. |
|---|
| 162 | + | 6.3 (a) Except as provided in paragraph (b), the governor of this state may also surrender, |
|---|
| 163 | + | 6.4on demand of the executive authority of any other state, any person in this state charged in |
|---|
| 164 | + | 6.5such other state in the manner provided in section 629.03 with committing an act in this |
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| 165 | + | 6.6state, or in a third state, intentionally resulting in a crime in the state, whose executive |
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| 166 | + | 6.7authority is making the demand, and the provisions of sections 629.01 to 629.29 not otherwise |
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| 167 | + | 6.8inconsistent, shall apply to such cases, even though the accused was not in that state at the |
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| 168 | + | 6.9time of the commission of the crime, and has not fled therefrom. |
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| 169 | + | 6.10 (b) Nothing in this section shall limit any person's right to move freely between states |
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| 170 | + | 6.11or to enjoy the privileges and immunities of this state, and no person shall be surrendered |
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| 171 | + | 6.12to the executive authority of any other state for acts involving any medical, surgical, |
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| 172 | + | 6.13counseling, or referral services relating to the human reproductive system, including but |
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| 173 | + | 6.14not limited to services related to pregnancy, contraception, or the termination of a pregnancy. |
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| 174 | + | 6.15 EFFECTIVE DATE.This section is effective the day following final enactment. |
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| 175 | + | 6.16 Sec. 10. Minnesota Statutes 2022, section 629.13, is amended to read: |
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| 176 | + | 6.17 629.13 WHO MAY BE APPREHENDED. |
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| 177 | + | 6.18 When any person within this state is charged on the oath of any credible person before |
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| 178 | + | 6.19any judge of this state with the commission of any crime in any other state other than a |
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| 179 | + | 6.20crime arising from acts committed in this state or services received in this state involving |
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| 180 | + | 6.21any medical, surgical, counseling, or referral services relating to the human reproductive |
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| 181 | + | 6.22system, including but not limited to services related to pregnancy, contraception, or the |
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| 182 | + | 6.23termination of a pregnancy, and, except in cases arising under section 629.06, with having |
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| 183 | + | 6.24fled from justice, with having been convicted of a crime in that state and having escaped |
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| 184 | + | 6.25from confinement, or having broken the terms of bail, probation, or parole, or when complaint |
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| 185 | + | 6.26has been made before any judge in this state setting forth on the affidavit of any credible |
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| 186 | + | 6.27person in another state that a crime has been committed in the other state and that the accused |
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| 187 | + | 6.28has been charged in that state with the commission of the crime and, except in cases arising |
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| 188 | + | 6.29under section 629.06, has fled from justice, or with having been convicted of a crime in that |
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| 189 | + | 6.30state and having escaped from confinement, or having broken the terms of bail, probation, |
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| 190 | + | 6.31or parole, and is believed to be in this state, the judge shall issue a warrant directed to any |
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| 191 | + | 6.32peace officer commanding the officer to apprehend the person named in it, wherever the |
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| 192 | + | 6.33accused may be found in this state, and to bring the accused before the same or any other |
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| 193 | + | 6Sec. 10. |
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| 194 | + | 23-01490 as introduced01/03/23 REVISOR SGS/CH 7.1judge or court who or which may be available in or convenient of access to the place where |
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| 195 | + | 7.2the arrest may be made, to answer the charge or complaint and affidavit. A certified copy |
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| 196 | + | 7.3of the sworn charge or complaint and affidavit upon which the warrant is issued shall be |
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| 197 | + | 7.4attached to the warrant. |
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| 198 | + | 7.5 EFFECTIVE DATE.This section is effective the day following final enactment. |
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| 199 | + | 7.6 Sec. 11. Minnesota Statutes 2022, section 629.14, is amended to read: |
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| 200 | + | 7.7 629.14 ARREST WITHOUT WARRANT. |
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| 201 | + | 7.8 The arrest of a person may be lawfully made also by any peace officer or a private person, |
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| 202 | + | 7.9without a warrant upon reasonable information that the accused stands charged in the courts |
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| 203 | + | 7.10of a state with a crime punishable by death or imprisonment for a term exceeding one year, |
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| 204 | + | 7.11except that no person shall be arrested if the accused stands charged in the courts of any |
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| 205 | + | 7.12other state for acts committed in this state or services received in this state involving any |
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| 206 | + | 7.13medical, surgical, counseling, or referral services relating to the human reproductive system, |
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| 207 | + | 7.14including but not limited to services related to pregnancy, contraception, or the termination |
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| 208 | + | 7.15of a pregnancy. When arrested the accused must be taken before a judge with all practicable |
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| 209 | + | 7.16speed and complaint must be made against the accused under oath setting forth the ground |
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| 210 | + | 7.17for the arrest as in section 629.13. Thereafter the answer shall be heard as if the accused |
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| 211 | + | 7.18had been arrested on a warrant. |
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| 212 | + | 7.19 EFFECTIVE DATE.This section is effective the day following final enactment. |
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| 213 | + | 7Sec. 11. |
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| 214 | + | 23-01490 as introduced01/03/23 REVISOR SGS/CH |
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