Minnesota 2023-2024 Regular Session

Minnesota Senate Bill SF63 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		-	1.17in this state. A court order for the removal of a child issued in another state ~~solely because~~
18		-	1.~~18the child~~'s parent or guardian assisted the child in receiving gender-affirming care in this
19		-	1.~~19state must~~ not be enforced in this state.
	17	+	1.17in this state. A court order for the removal of a child issued in another state because the
	18	+	1.18child's parent or guardian assisted the child in receiving gender-affirming care in this state
	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		-	~~S0063-1 1st Engrossment~~~~SF63~~ REVISOR BD
	26	+	23-01405 as introduced01/03/23 REVISOR BD/LN
27	27		SENATE
28	28		STATE OF MINNESOTA
29	29		S.F. No. 63NINETY-THIRD SESSION
30	30		(SENATE AUTHORS: MAYE QUADE, Dibble, Oumou Verbeten, Port and McEwen)
31	31		OFFICIAL STATUSD-PGDATE
32		-	Introduction and first reading10901/09/2023
33		-	Referred to Judiciary and Public Safety
34		-	Comm report: To pass as amended2613a03/27/2023
35		-	Rule 21, referred to Rules and Administration2615
36		-	Comm report: Adopt previous comm report04/11/2023
37		-	Second reading 2.1 (1) this state is the home state of the child on the date of the commencement of the
	32	+	Introduction and first reading01/09/2023
	33	+	Referred to Judiciary and Public Safety 2.1 (1) this state is the home state of the child on the date of the commencement of the
38	34		2.2proceeding, or was the home state of the child within six months before the commencement
39	35		2.3of the proceeding and the child is absent from this state but a parent or person acting as a
40	36		2.4parent continues to live in this state;
41	37		2.5 (2) a court of another state does not have jurisdiction under clause (1), or a court of the
42	38		2.6home state of the child has declined to exercise jurisdiction on the ground that this state is
43	39		2.7the more appropriate forum under section 518D.207 or 518D.208, and:
44	40		2.8 (i) the child and the child's parents, or the child and at least one parent or a person acting
45	41		2.9as a parent, have a significant connection with this state other than mere physical presence;
46	42		2.10and
47	43		2.11 (ii) substantial evidence is available in this state concerning the child's care, protection,
48	44		2.12training, and personal relationships;
49	45		2.13 (3) all courts having jurisdiction under clause (1) or (2) have declined to exercise
50	46		2.14jurisdiction on the ground that a court of this state is the more appropriate forum to determine
51	47		2.15the custody of the child under section 518D.207 or 518D.208; or
52	48		2.16 (4) no court of any other state would have jurisdiction under the criteria specified in
53	49		2.17clause (1), (2), or (3).
54	50		2.18 (b) Paragraph (a) is the exclusive jurisdictional basis for making a child custody
55	51		2.19determination by a court of this state.
56	52		2.20 (c) Physical presence of, or personal jurisdiction over, a party or a child is not necessary
57	53		2.21or sufficient to make a child custody determination.
58	54		2.22 (d) The presence of a child in this state for the purpose of obtaining gender-affirming
59		-	2.23health care as defined in section ~~543~~.23, paragraph (b), is sufficient to meet the requirements
	55	+	2.23health care as defined in section 548.415, paragraph (b), is sufficient to meet the requirements
60	56		2.24of paragraph (a), clause (2), item (i).
61	57		2.25 EFFECTIVE DATE.This section is effective the day following final enactment.
62	58		2.26 Sec. 3. Minnesota Statutes 2022, section 518D.204, is amended to read:
63	59		2.27 518D.204 TEMPORARY EMERGENCY JURISDICTION.
64	60		2.28 (a) A court of this state has temporary emergency jurisdiction if the child is present in
65	61		2.29this state and:
66	62		2.30 (1) the child has been abandoned or;
67	63		2Sec. 3.
68		-	~~S0063-1 1st Engrossment~~~~SF63~~ REVISOR BD 3.1 (2) it is necessary in an emergency to protect the child because the child, or a sibling or
	64	+	23-01405 as introduced01/03/23 REVISOR BD/LN 3.1 (2) it is necessary in an emergency to protect the child because the child, or a sibling or
69	65		3.2parent of the child, is subjected to or threatened with mistreatment or abuse; or
70	66		3.3 (3) the child has been unable to obtain gender-affirming health care as defined in section
71		-	3.~~4543~~.23, paragraph (b) ~~in another state~~.
	67	+	3.4548.415, paragraph (b).
72	68		3.5 (b) If there is no previous child custody determination that is entitled to be enforced
73	69		3.6under this chapter, and a child custody proceeding has not been commenced in a court of a
74	70		3.7state having jurisdiction under sections 518D.201 to 518D.203, a child custody determination
75	71		3.8made under this section remains in effect until an order is obtained from a court of a state
76	72		3.9having jurisdiction under sections 518D.201 to 518D.203. If a child custody proceeding
77	73		3.10has not been or is not commenced in a court of a state having jurisdiction under sections
78	74		3.11518D.201 to 518D.203, a child custody determination made under this section becomes a
79	75		3.12final determination, if it so provides and this state becomes the home state of the child.
80	76		3.13 (c) If there is a previous child custody determination that is entitled to be enforced under
81	77		3.14this chapter, or a child custody proceeding has been commenced in a court of a state having
82	78		3.15jurisdiction under sections 518D.201 to 518D.203, any order issued by a court of this state
83	79		3.16under this section must specify in the order a period that the court considers adequate to
84	80		3.17allow the person seeking an order to obtain an order from the state having jurisdiction under
85	81		3.18sections 518D.201 to 518D.203. The order issued in this state remains in effect until an
86	82		3.19order is obtained from the other state within the period specified or the period expires.
87	83		3.20 (d) A court of this state which has been asked to make a child custody determination
88	84		3.21under this section, upon being informed that a child custody proceeding has been commenced
89	85		3.22in, or a child custody determination has been made by, a court of a state having jurisdiction
90	86		3.23under sections 518D.201 to 518D.203, shall immediately communicate with the other court.
91	87		3.24A court of this state which is exercising jurisdiction pursuant to sections 518D.201 to
92	88		3.25518D.203, upon being informed that a child custody proceeding has been commenced in,
93	89		3.26or a child custody determination has been made by, a court of another state under a statute
94	90		3.27similar to this section shall immediately communicate with the court of that state to resolve
95	91		3.28the emergency, protect the safety of the parties and the child, and determine a period for
96	92		3.29the duration of the temporary order.
97	93		3.30 EFFECTIVE DATE.This section is effective the day following final enactment.
98	94		3Sec. 3.
99		-	~~S0063-1 1st Engrossment~~~~SF63~~ REVISOR BD 4.1 Sec. 4. Minnesota Statutes 2022, section 518D.207, is amended to read:
	95	+	23-01405 as introduced01/03/23 REVISOR BD/LN 4.1 Sec. 4. Minnesota Statutes 2022, section 518D.207, is amended to read:
100	96		4.2 518D.207 INCONVENIENT FORUM.
101	97		4.3 (a) A court of this state which has jurisdiction under this chapter to make a child custody
102	98		4.4determination may decline to exercise its jurisdiction at any time if it determines that it is
103	99		4.5an inconvenient forum under the circumstances and that a court of another state is a more
104	100		4.6appropriate forum. The issue of inconvenient forum may be raised upon motion of a party,
105	101		4.7the court's own motion, or request of another court.
106	102		4.8 (b) Before determining whether it is an inconvenient forum, a court of this state shall
107	103		4.9consider whether it is appropriate for a court of another state to exercise jurisdiction. For
108	104		4.10this purpose, the court shall allow the parties to submit information and shall consider all
109	105		4.11relevant factors, including:
110	106		4.12 (1) whether domestic violence has occurred and is likely to continue in the future and
111	107		4.13which state could best protect the parties and the child;
112	108		4.14 (2) the length of time the child has resided outside this state;
113	109		4.15 (3) the distance between the court in this state and the court in the state that would assume
114	110		4.16jurisdiction;
115	111		4.17 (4) the relative financial circumstances of the parties;
116	112		4.18 (5) any agreement of the parties as to which state should assume jurisdiction;
117	113		4.19 (6) the nature and location of the evidence required to resolve the pending litigation,
118	114		4.20including testimony of the child;
119	115		4.21 (7) the ability of the court of each state to decide the issue expeditiously and the
120	116		4.22procedures necessary to present the evidence; and
121	117		4.23 (8) the familiarity of the court of each state with the facts and issues in the pending
122	118		4.24litigation.
123	119		4.25 (c) If a court of this state determines that it is an inconvenient forum and that a court of
124	120		4.26another state is a more appropriate forum, it shall stay the proceedings upon condition that
125	121		4.27a child custody proceeding be promptly commenced in another designated state and may
126	122		4.28impose any other condition the court considers just and proper.
127	123		4.29 (d) A court of this state may decline to exercise its jurisdiction under this chapter if a
128	124		4.30child custody determination is incidental to an action for marriage dissolution or another
129	125		4.31proceeding while still retaining jurisdiction over the marriage dissolution or other proceeding.
130	126		4Sec. 4.
131		-	~~S0063-1 1st Engrossment~~~~SF63~~ REVISOR BD 5.1 (e) In a case where the provision of gender-affirming health care for a child is at issue,
	127	+	23-01405 as introduced01/03/23 REVISOR BD/LN 5.1 (e) In a case where the provision of gender-affirming health care for a child is at issue,
132	128		5.2a court of this state shall not determine that this state is an inconvenient forum if the law or
133	129		5.3policy of the other state that may take jurisdiction limits the ability of a parent to obtain
134		-	5.4gender-affirming health care as defined in section ~~543~~.23, paragraph (b), for the parent's
	130	+	5.4gender-affirming health care as defined in section 548.415, paragraph (b), for the parent's
135	131		5.5child.
136	132		5.6 EFFECTIVE DATE.This section is effective the day following final enactment.
137	133		5.7 Sec. 5. [543.23] UNENFORCEABLE SUBPOENAS.
138	134		5.8 (a) No subpoena shall be issued and no foreign subpoena shall be recognized in this
139	135		5.9state in a criminal or civil matter if the subpoena is related to a violation of another state's
140	136		5.10laws when the other state's laws are designed to interfere with an individual's right to receive
141	137		5.11gender-affirming health care. Failure to comply with a subpoena seeking information related
142	138		5.12to a person or entity allowing or assisting a child or an adult to receive gender-affirming
143	139		5.13health care when the information is being requested to enforce another state's laws that
144	140		5.14allow a civil or criminal action to be brought against a person for allowing or providing
145	141		5.15gender-affirming health care must not be the basis for contempt under section 588.01.
146	142		5.16 (b) "Gender-affirming health care" means medically necessary health care or mental
147	143		5.17health care that respects the gender identity of the patient, as experienced and defined by
148	144		5.18the patient, and that may include but is not limited to:
149	145		5.19 (1) interventions to suppress the development of endogenous secondary sex
150	146		5.20characteristics;
151	147		5.21 (2) interventions to align the patient's appearance or physical body with the patient's
152	148		5.22gender identity;
153	149		5.23 (3) interventions to alleviate the patient's symptoms of clinically significant distress
154	150		5.24resulting from gender dysphoria as defined in the current version of the Diagnostic and
155	151		5.25Statistical Manual of Mental Disorders; and
156	152		5.26 (4) developmentally appropriate exploration and integration of the patient's gender
157	153		5.27identity, reduction of the patient's distress, adaptive coping, and strategies to increase family
158	154		5.28acceptance of the patient's gender identity.
159	155		5.29 EFFECTIVE DATE.This section is effective the day following final enactment.
160	156		5Sec. 5.
161		-	~~S0063-1 1st Engrossment~~~~SF63~~ REVISOR BD 6.1 Sec. 6. Minnesota Statutes 2022, section 629.02, is amended to read:
	157	+	23-01405 as introduced01/03/23 REVISOR BD/LN 6.1 Sec. 6. Minnesota Statutes 2022, section 629.02, is amended to read:
162	158		6.2 629.02 DUTIES OF GOVERNOR IN EXTRADITION MATTERS.
163	159		6.3 Subject to the provisions of sections 629.01 to 629.29, the provisions of the Constitution
164	160		6.4of the United States controlling, and any and all acts of Congress enacted in pursuance
165	161		6.5thereof, it is the duty of the governor of this state to have arrested and delivered up to the
166	162		6.6executive authority of any other state of the United States any person charged in that state
167	163		6.7with treason, felony, or other crime, who has fled from justice and if found in this state.
168	164		6.8Nothing in this section shall limit any person's right to move freely between states or to
169	165		6.9enjoy the privileges and immunities of this state and no person shall be arrested or delivered
170	166		6.10up to the executive authority of any other state of the United States for acts committed in
171		-	6.11this state ~~related to receiving~~ or ~~providing~~ gender-affirming health care as defined ~~in section~~
172		-	6.~~12543~~.23, paragraph (b)~~, or assisting another person in receiving or providing this care~~.
	167	+	6.11this state or services received in this state involving gender-affirming health care as defined
	168	+	6.12in section 548.415, paragraph (b).
173	169		6.13 EFFECTIVE DATE.This section is effective the day following final enactment.
174	170		6.14 Sec. 7. Minnesota Statutes 2022, section 629.05, is amended to read:
175	171		6.15 629.05 EXTRADITION BY AGREEMENT.
176	172		6.16 When it is desired to have returned to this state a person charged in this state with a
177	173		6.17crime, and such person is imprisoned or is held under criminal proceedings then pending
178	174		6.18against that person in another state, the governor of this state may agree with the executive
179	175		6.19authority of such other state for the extradition of such person before the conclusion of such
180	176		6.20proceedings or the person's term of sentence in such other state, upon condition that such
181	177		6.21person be returned to such other state at the expense of this state as soon as the prosecution
182	178		6.22in this state is terminated.
183	179		6.23 The governor of this state may also surrender, on demand of the executive authority of
184	180		6.24any other state, any person in this state who is charged in the manner provided in section
185	181		6.25629.23 with having violated the laws of the state whose executive authority is making the
186	182		6.26demand, even though such person left the demanding state involuntarily, except that no
187		-	6.27person shall be surrendered for acts committed in this state related to receiving or providing
188		-	6.28gender-affirming health care as defined in section 543.23, paragraph (b), or assisting another
189		-	6.29person in receiving or providing this care.
190		-	6.30 EFFECTIVE DATE.This section is effective the day following final enactment.
	183	+	6.27person shall be surrendered for acts committed in this state or services received in this state
	184	+	6.28involving gender-affirming health care as defined in section 548.415, paragraph (b).
	185	+	6.29 EFFECTIVE DATE.This section is effective the day following final enactment.
191	186		6Sec. 7.
192		-	~~S0063-1 1st Engrossment~~~~SF63~~ REVISOR BD 7.1 Sec. 8. Minnesota Statutes 2022, section 629.06, is amended to read:
	187	+	23-01405 as introduced01/03/23 REVISOR BD/LN 7.1 Sec. 8. Minnesota Statutes 2022, section 629.06, is amended to read:
193	188		7.2 629.06 EXTRADITION OF PERSONS COMMITTING CRIME.
194	189		7.3 (a) Except as provided in paragraph (b), the governor of this state may also surrender,
195	190		7.4on demand of the executive authority of any other state, any person in this state charged in
196	191		7.5such other state in the manner provided in section 629.03 with committing an act in this
197	192		7.6state, or in a third state, intentionally resulting in a crime in the state, whose executive
198	193		7.7authority is making the demand, and the provisions of sections 629.01 to 629.29 not otherwise
199	194		7.8inconsistent, shall apply to such cases, even though the accused was not in that state at the
200	195		7.9time of the commission of the crime, and has not fled therefrom.
201	196		7.10 (b) Nothing in this section shall limit any person's right to move freely between states
202	197		7.11or to enjoy the privileges and immunities of this state and no person shall be surrendered
203		-	7.12to the executive authority of any other state for acts related to receiving or providing
204		-	7.13gender-affirming health care as defined in section 543.23, paragraph (b), or assisting another
205		-	7.14person in receiving or providing this care.
206		-	7.15 EFFECTIVE DATE.This section is effective the day following final enactment.
207		-	7.16 Sec. 9. Minnesota Statutes 2022, section 629.13, is amended to read:
208		-	7.17 629.13 WHO MAY BE APPREHENDED.
209		-	7.18 When any person within this state is charged on the oath of any credible person before
210		-	7.19any judge of this state with the commission of any crime in any other state other than a
211		-	7.20crime arising from acts committed in this state related to receiving or providing
212		-	7.21gender-affirming health care as defined in section 543.23, paragraph (b), or assisting another
213		-	7.22person in receiving or providing this care, and, except in cases arising under section 629.06,
214		-	7.23with having fled from justice, with having been convicted of a crime in that state and having
215		-	7.24escaped from confinement, or having broken the terms of bail, probation, or parole, or when
216		-	7.25complaint has been made before any judge in this state setting forth on the affidavit of any
217		-	7.26credible person in another state that a crime has been committed in the other state and that
218		-	7.27the accused has been charged in that state with the commission of the crime and, except in
219		-	7.28cases arising under section 629.06, has fled from justice, or with having been convicted of
220		-	7.29a crime in that state and having escaped from confinement, or having broken the terms of
221		-	7.30bail, probation, or parole, and is believed to be in this state, the judge shall issue a warrant
222		-	7.31directed to any peace officer commanding the officer to apprehend the person named in it,
223		-	7.32wherever the accused may be found in this state, and to bring the accused before the same
224		-	7.33or any other judge or court who or which may be available in or convenient of access to the
	198	+	7.12to the executive authority of any other state for acts involving gender-affirming health care
	199	+	7.13as defined in section 548.415, paragraph (b).
	200	+	7.14 EFFECTIVE DATE.This section is effective the day following final enactment.
	201	+	7.15 Sec. 9. Minnesota Statutes 2022, section 629.13, is amended to read:
	202	+	7.16 629.13 WHO MAY BE APPREHENDED.
	203	+	7.17 When any person within this state is charged on the oath of any credible person before
	204	+	7.18any judge of this state with the commission of any crime in any other state other than a
	205	+	7.19crime arising from acts committed in this state or services received in this state involving
	206	+	7.20gender-affirming health care as defined in section 548.415, paragraph (b), and, except in
	207	+	7.21cases arising under section 629.06, with having fled from justice, with having been convicted
	208	+	7.22of a crime in that state and having escaped from confinement, or having broken the terms
	209	+	7.23of bail, probation, or parole, or when complaint has been made before any judge in this state
	210	+	7.24setting forth on the affidavit of any credible person in another state that a crime has been
	211	+	7.25committed in the other state and that the accused has been charged in that state with the
	212	+	7.26commission of the crime and, except in cases arising under section 629.06, has fled from
	213	+	7.27justice, or with having been convicted of a crime in that state and having escaped from
	214	+	7.28confinement, or having broken the terms of bail, probation, or parole, and is believed to be
	215	+	7.29in this state, the judge shall issue a warrant directed to any peace officer commanding the
	216	+	7.30officer to apprehend the person named in it, wherever the accused may be found in this
	217	+	7.31state, and to bring the accused before the same or any other judge or court who or which
	218	+	7.32may be available in or convenient of access to the place where the arrest may be made, to
225	219		7Sec. 9.
226		-	S0063-1 1st EngrossmentSF63 REVISOR BD 8.1place where the arrest may be made, to answer the charge or complaint and affidavit. A
227		-	8.2certified copy of the sworn charge or complaint and affidavit upon which the warrant is
228		-	8.3issued shall be attached to the warrant.
229		-	8.4 EFFECTIVE DATE.This section is effective the day following final enactment.
230		-	8.5 Sec. 10. Minnesota Statutes 2022, section 629.14, is amended to read:
231		-	8.6 629.14 ARREST WITHOUT WARRANT.
232		-	8.7 The arrest of a person may be lawfully made also by any peace officer or a private person,
233		-	8.8without a warrant upon reasonable information that the accused stands charged in the courts
234		-	8.9of a state with a crime punishable by death or imprisonment for a term exceeding one year,
235		-	8.10except that no person shall be arrested if the accused stands charged in the courts of any
236		-	8.11other state for acts committed in this state related to receiving or providing gender-affirming
237		-	8.12health care as defined in section 543.23, paragraph (b), or assisting another person in
238		-	8.13receiving or providing this care. When arrested the accused must be taken before a judge
239		-	8.14with all practicable speed and complaint must be made against the accused under oath setting
240		-	8.15forth the ground for the arrest as in section 629.13. Thereafter the answer shall be heard as
241		-	8.16if the accused had been arrested on a warrant.
242		-	8.17 EFFECTIVE DATE.This section is effective the day following final enactment.
	220	+	23-01405 as introduced01/03/23 REVISOR BD/LN 8.1answer the charge or complaint and affidavit. A certified copy of the sworn charge or
	221	+	8.2complaint and affidavit upon which the warrant is issued shall be attached to the warrant.
	222	+	8.3 EFFECTIVE DATE.This section is effective the day following final enactment.
	223	+	8.4 Sec. 10. Minnesota Statutes 2022, section 629.14, is amended to read:
	224	+	8.5 629.14 ARREST WITHOUT WARRANT.
	225	+	8.6 The arrest of a person may be lawfully made also by any peace officer or a private person,
	226	+	8.7without a warrant upon reasonable information that the accused stands charged in the courts
	227	+	8.8of a state with a crime punishable by death or imprisonment for a term exceeding one year,
	228	+	8.9except that no person shall be arrested if the accused stands charged in the courts of any
	229	+	8.10other state for acts committed in this state or services received in this state involving
	230	+	8.11gender-affirming health care as defined in section 548.415, paragraph (b). When arrested
	231	+	8.12the accused must be taken before a judge with all practicable speed and complaint must be
	232	+	8.13made against the accused under oath setting forth the ground for the arrest as in section
	233	+	8.14629.13. Thereafter the answer shall be heard as if the accused had been arrested on a warrant.
	234	+	8.15 EFFECTIVE DATE.This section is effective the day following final enactment.
243	235		8Sec. 10.
244		-	~~S0063-1 1st Engrossment~~~~SF63~~ REVISOR BD
	236	+	23-01405 as introduced01/03/23 REVISOR BD/LN