Minnesota 2023-2024 Regular Session

Minnesota Senate Bill SF63 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​
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​
1616 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.​
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.​
26-S0063-1 1st EngrossmentSF63 REVISOR BD​
26+23-01405 as introduced01/03/23 REVISOR BD/LN
2727 SENATE​
2828 STATE OF MINNESOTA​
2929 S.F. No. 63​NINETY-THIRD SESSION​
3030 (SENATE AUTHORS: MAYE QUADE, Dibble, Oumou Verbeten, Port and McEwen)​
3131 OFFICIAL STATUS​D-PG​DATE​
32-Introduction and first reading​109​01/09/2023​
33-Referred to Judiciary and Public Safety​
34-Comm report: To pass as amended​2613a​03/27/2023​
35-Rule 21, referred to Rules and Administration​2615​
36-Comm report: Adopt previous comm report​04/11/2023​
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 reading​01/09/2023​
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​
3834 2.2proceeding, or was the home state of the child within six months before the commencement​
3935 2.3of the proceeding and the child is absent from this state but a parent or person acting as a​
4036 2.4parent continues to live in this state;​
4137 2.5 (2) a court of another state does not have jurisdiction under clause (1), or a court of the​
4238 2.6home state of the child has declined to exercise jurisdiction on the ground that this state is​
4339 2.7the more appropriate forum under section 518D.207 or 518D.208, and:​
4440 2.8 (i) the child and the child's parents, or the child and at least one parent or a person acting​
4541 2.9as a parent, have a significant connection with this state other than mere physical presence;​
4642 2.10and​
4743 2.11 (ii) substantial evidence is available in this state concerning the child's care, protection,​
4844 2.12training, and personal relationships;​
4945 2.13 (3) all courts having jurisdiction under clause (1) or (2) have declined to exercise​
5046 2.14jurisdiction on the ground that a court of this state is the more appropriate forum to determine​
5147 2.15the custody of the child under section 518D.207 or 518D.208; or​
5248 2.16 (4) no court of any other state would have jurisdiction under the criteria specified in​
5349 2.17clause (1), (2), or (3).​
5450 2.18 (b) Paragraph (a) is the exclusive jurisdictional basis for making a child custody​
5551 2.19determination by a court of this state.​
5652 2.20 (c) Physical presence of, or personal jurisdiction over, a party or a child is not necessary​
5753 2.21or sufficient to make a child custody determination.​
5854 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​
6056 2.24of paragraph (a), clause (2), item (i).​
6157 2.25 EFFECTIVE DATE.This section is effective the day following final enactment.​
6258 2.26 Sec. 3. Minnesota Statutes 2022, section 518D.204, is amended to read:​
6359 2.27 518D.204 TEMPORARY EMERGENCY JURISDICTION.​
6460 2.28 (a) A court of this state has temporary emergency jurisdiction if the child is present in​
6561 2.29this state and:​
6662 2.30 (1) the child has been abandoned or;​
6763 2​Sec. 3.​
68-S0063-1 1st EngrossmentSF63 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​
6965 3.2parent of the child, is subjected to or threatened with mistreatment or abuse; or​
7066 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).​
7268 3.5 (b) If there is no previous child custody determination that is entitled to be enforced​
7369 3.6under this chapter, and a child custody proceeding has not been commenced in a court of a​
7470 3.7state having jurisdiction under sections 518D.201 to 518D.203, a child custody determination​
7571 3.8made under this section remains in effect until an order is obtained from a court of a state​
7672 3.9having jurisdiction under sections 518D.201 to 518D.203. If a child custody proceeding​
7773 3.10has not been or is not commenced in a court of a state having jurisdiction under sections​
7874 3.11518D.201 to 518D.203, a child custody determination made under this section becomes a​
7975 3.12final determination, if it so provides and this state becomes the home state of the child.​
8076 3.13 (c) If there is a previous child custody determination that is entitled to be enforced under​
8177 3.14this chapter, or a child custody proceeding has been commenced in a court of a state having​
8278 3.15jurisdiction under sections 518D.201 to 518D.203, any order issued by a court of this state​
8379 3.16under this section must specify in the order a period that the court considers adequate to​
8480 3.17allow the person seeking an order to obtain an order from the state having jurisdiction under​
8581 3.18sections 518D.201 to 518D.203. The order issued in this state remains in effect until an​
8682 3.19order is obtained from the other state within the period specified or the period expires.​
8783 3.20 (d) A court of this state which has been asked to make a child custody determination​
8884 3.21under this section, upon being informed that a child custody proceeding has been commenced​
8985 3.22in, or a child custody determination has been made by, a court of a state having jurisdiction​
9086 3.23under sections 518D.201 to 518D.203, shall immediately communicate with the other court.​
9187 3.24A court of this state which is exercising jurisdiction pursuant to sections 518D.201 to​
9288 3.25518D.203, upon being informed that a child custody proceeding has been commenced in,​
9389 3.26or a child custody determination has been made by, a court of another state under a statute​
9490 3.27similar to this section shall immediately communicate with the court of that state to resolve​
9591 3.28the emergency, protect the safety of the parties and the child, and determine a period for​
9692 3.29the duration of the temporary order.​
9793 3.30 EFFECTIVE DATE.This section is effective the day following final enactment.​
9894 3​Sec. 3.​
99-S0063-1 1st EngrossmentSF63 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:​
10096 4.2 518D.207 INCONVENIENT FORUM.​
10197 4.3 (a) A court of this state which has jurisdiction under this chapter to make a child custody​
10298 4.4determination may decline to exercise its jurisdiction at any time if it determines that it is​
10399 4.5an inconvenient forum under the circumstances and that a court of another state is a more​
104100 4.6appropriate forum. The issue of inconvenient forum may be raised upon motion of a party,​
105101 4.7the court's own motion, or request of another court.​
106102 4.8 (b) Before determining whether it is an inconvenient forum, a court of this state shall​
107103 4.9consider whether it is appropriate for a court of another state to exercise jurisdiction. For​
108104 4.10this purpose, the court shall allow the parties to submit information and shall consider all​
109105 4.11relevant factors, including:​
110106 4.12 (1) whether domestic violence has occurred and is likely to continue in the future and​
111107 4.13which state could best protect the parties and the child;​
112108 4.14 (2) the length of time the child has resided outside this state;​
113109 4.15 (3) the distance between the court in this state and the court in the state that would assume​
114110 4.16jurisdiction;​
115111 4.17 (4) the relative financial circumstances of the parties;​
116112 4.18 (5) any agreement of the parties as to which state should assume jurisdiction;​
117113 4.19 (6) the nature and location of the evidence required to resolve the pending litigation,​
118114 4.20including testimony of the child;​
119115 4.21 (7) the ability of the court of each state to decide the issue expeditiously and the​
120116 4.22procedures necessary to present the evidence; and​
121117 4.23 (8) the familiarity of the court of each state with the facts and issues in the pending​
122118 4.24litigation.​
123119 4.25 (c) If a court of this state determines that it is an inconvenient forum and that a court of​
124120 4.26another state is a more appropriate forum, it shall stay the proceedings upon condition that​
125121 4.27a child custody proceeding be promptly commenced in another designated state and may​
126122 4.28impose any other condition the court considers just and proper.​
127123 4.29 (d) A court of this state may decline to exercise its jurisdiction under this chapter if a​
128124 4.30child custody determination is incidental to an action for marriage dissolution or another​
129125 4.31proceeding while still retaining jurisdiction over the marriage dissolution or other proceeding.​
130126 4​Sec. 4.​
131-S0063-1 1st EngrossmentSF63 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,​
132128 5.2a court of this state shall not determine that this state is an inconvenient forum if the law or​
133129 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​
135131 5.5child.​
136132 5.6 EFFECTIVE DATE.This section is effective the day following final enactment.​
137133 5.7 Sec. 5. [543.23] UNENFORCEABLE SUBPOENAS.​
138134 5.8 (a) No subpoena shall be issued and no foreign subpoena shall be recognized in this​
139135 5.9state in a criminal or civil matter if the subpoena is related to a violation of another state's​
140136 5.10laws when the other state's laws are designed to interfere with an individual's right to receive​
141137 5.11gender-affirming health care. Failure to comply with a subpoena seeking information related​
142138 5.12to a person or entity allowing or assisting a child or an adult to receive gender-affirming​
143139 5.13health care when the information is being requested to enforce another state's laws that​
144140 5.14allow a civil or criminal action to be brought against a person for allowing or providing​
145141 5.15gender-affirming health care must not be the basis for contempt under section 588.01.​
146142 5.16 (b) "Gender-affirming health care" means medically necessary health care or mental​
147143 5.17health care that respects the gender identity of the patient, as experienced and defined by​
148144 5.18the patient, and that may include but is not limited to:​
149145 5.19 (1) interventions to suppress the development of endogenous secondary sex​
150146 5.20characteristics;​
151147 5.21 (2) interventions to align the patient's appearance or physical body with the patient's​
152148 5.22gender identity;​
153149 5.23 (3) interventions to alleviate the patient's symptoms of clinically significant distress​
154150 5.24resulting from gender dysphoria as defined in the current version of the Diagnostic and​
155151 5.25Statistical Manual of Mental Disorders; and​
156152 5.26 (4) developmentally appropriate exploration and integration of the patient's gender​
157153 5.27identity, reduction of the patient's distress, adaptive coping, and strategies to increase family​
158154 5.28acceptance of the patient's gender identity.​
159155 5.29 EFFECTIVE DATE.This section is effective the day following final enactment.​
160156 5​Sec. 5.​
161-S0063-1 1st EngrossmentSF63 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:​
162158 6.2 629.02 DUTIES OF GOVERNOR IN EXTRADITION MATTERS.​
163159 6.3 Subject to the provisions of sections 629.01 to 629.29, the provisions of the Constitution​
164160 6.4of the United States controlling, and any and all acts of Congress enacted in pursuance​
165161 6.5thereof, it is the duty of the governor of this state to have arrested and delivered up to the​
166162 6.6executive authority of any other state of the United States any person charged in that state​
167163 6.7with treason, felony, or other crime, who has fled from justice and if found in this state.​
168164 6.8Nothing in this section shall limit any person's right to move freely between states or to​
169165 6.9enjoy the privileges and immunities of this state and no person shall be arrested or delivered​
170166 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).​
173169 6.13 EFFECTIVE DATE.This section is effective the day following final enactment.​
174170 6.14 Sec. 7. Minnesota Statutes 2022, section 629.05, is amended to read:​
175171 6.15 629.05 EXTRADITION BY AGREEMENT.​
176172 6.16 When it is desired to have returned to this state a person charged in this state with a​
177173 6.17crime, and such person is imprisoned or is held under criminal proceedings then pending​
178174 6.18against that person in another state, the governor of this state may agree with the executive​
179175 6.19authority of such other state for the extradition of such person before the conclusion of such​
180176 6.20proceedings or the person's term of sentence in such other state, upon condition that such​
181177 6.21person be returned to such other state at the expense of this state as soon as the prosecution​
182178 6.22in this state is terminated.​
183179 6.23 The governor of this state may also surrender, on demand of the executive authority of​
184180 6.24any other state, any person in this state who is charged in the manner provided in section​
185181 6.25629.23 with having violated the laws of the state whose executive authority is making the​
186182 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.​
191186 6​Sec. 7.​
192-S0063-1 1st EngrossmentSF63 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:​
193188 7.2 629.06 EXTRADITION OF PERSONS COMMITTING CRIME.​
194189 7.3 (a) Except as provided in paragraph (b), the governor of this state may also surrender,​
195190 7.4on demand of the executive authority of any other state, any person in this state charged in​
196191 7.5such other state in the manner provided in section 629.03 with committing an act in this​
197192 7.6state, or in a third state, intentionally resulting in a crime in the state, whose executive​
198193 7.7authority is making the demand, and the provisions of sections 629.01 to 629.29 not otherwise​
199194 7.8inconsistent, shall apply to such cases, even though the accused was not in that state at the​
200195 7.9time of the commission of the crime, and has not fled therefrom.​
201196 7.10 (b) Nothing in this section shall limit any person's right to move freely between states​
202197 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​
225219 7​Sec. 9.​
226-S0063-1 1st Engrossment​SF63 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 introduced​01/03/23 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.​
243235 8​Sec. 10.​
244-S0063-1 1st EngrossmentSF63 REVISOR BD​
236+23-01405 as introduced01/03/23 REVISOR BD/LN