1.1 A bill for an act
1.2 relating to children; preventing the use of subpoenas to gather information for
1.3 out-of-state laws interfering in the use of gender-affirming health care; amending
1.4 child custody and child welfare provisions related to out-of-state laws interfering
1.5 in the use of gender-affirming health care; amending provisions related to warrants,
1.6 arrests, and extraditions related to out-of-state laws on gender-affirming health
1.7 care; amending Minnesota Statutes 2022, sections 518D.201; 518D.204; 518D.207;
1.8 629.02; 629.05; 629.06; 629.13; 629.14; proposing coding for new law in Minnesota
1.9 Statutes, chapters 260; 543.
1.10BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.11 Section 1. [260.925] APPLICATION OF LAWS; GENDER-AFFIRMING HEALTH
1.12CARE.
1.13 A law of another state that authorizes a state agency to remove a child from the child's
1.14parent or guardian because the parent or guardian allowed the child to receive
1.15gender-affirming health care, as defined in section 543.23, paragraph (b), is against the
1.16public policy of this state and must not be enforced or applied in a case pending in a court
1.17in this state. A court order for the removal of a child issued in another state solely because
1.18the child's parent or guardian assisted the child in receiving gender-affirming care in this
1.19state must not be enforced in this state.
1.20 EFFECTIVE DATE.This section is effective the day following final enactment.
1.21 Sec. 2. Minnesota Statutes 2022, section 518D.201, is amended to read:
1.22 518D.201 INITIAL CHILD CUSTODY JURISDICTION.
1.23 (a) Except as otherwise provided in section 518D.204, a court of this state has jurisdiction
1.24to make an initial child custody determination only if:
1Sec. 2.
S0063-1 1st EngrossmentSF63 REVISOR BD
SENATE
STATE OF MINNESOTA
S.F. No. 63NINETY-THIRD SESSION
(SENATE AUTHORS: MAYE QUADE, Dibble, Oumou Verbeten, Port and McEwen)
OFFICIAL STATUSD-PGDATE
Introduction and first reading10901/09/2023
Referred to Judiciary and Public Safety
Comm report: To pass as amended2613a03/27/2023
Rule 21, referred to Rules and Administration2615
Comm report: Adopt previous comm report04/11/2023
Second reading 2.1 (1) this state is the home state of the child on the date of the commencement of the
2.2proceeding, or was the home state of the child within six months before the commencement
2.3of the proceeding and the child is absent from this state but a parent or person acting as a
2.4parent continues to live in this state;
2.5 (2) a court of another state does not have jurisdiction under clause (1), or a court of the
2.6home state of the child has declined to exercise jurisdiction on the ground that this state is
2.7the more appropriate forum under section 518D.207 or 518D.208, and:
2.8 (i) the child and the child's parents, or the child and at least one parent or a person acting
2.9as a parent, have a significant connection with this state other than mere physical presence;
2.10and
2.11 (ii) substantial evidence is available in this state concerning the child's care, protection,
2.12training, and personal relationships;
2.13 (3) all courts having jurisdiction under clause (1) or (2) have declined to exercise
2.14jurisdiction on the ground that a court of this state is the more appropriate forum to determine
2.15the custody of the child under section 518D.207 or 518D.208; or
2.16 (4) no court of any other state would have jurisdiction under the criteria specified in
2.17clause (1), (2), or (3).
2.18 (b) Paragraph (a) is the exclusive jurisdictional basis for making a child custody
2.19determination by a court of this state.
2.20 (c) Physical presence of, or personal jurisdiction over, a party or a child is not necessary
2.21or sufficient to make a child custody determination.
2.22 (d) The presence of a child in this state for the purpose of obtaining gender-affirming
2.23health care as defined in section 543.23, paragraph (b), is sufficient to meet the requirements
2.24of paragraph (a), clause (2), item (i).
2.25 EFFECTIVE DATE.This section is effective the day following final enactment.
2.26 Sec. 3. Minnesota Statutes 2022, section 518D.204, is amended to read:
2.27 518D.204 TEMPORARY EMERGENCY JURISDICTION.
2.28 (a) A court of this state has temporary emergency jurisdiction if the child is present in
2.29this state and:
2.30 (1) the child has been abandoned or;
2Sec. 3.
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
3.2parent of the child, is subjected to or threatened with mistreatment or abuse; or
3.3 (3) the child has been unable to obtain gender-affirming health care as defined in section
3.4543.23, paragraph (b) in another state.
3.5 (b) If there is no previous child custody determination that is entitled to be enforced
3.6under this chapter, and a child custody proceeding has not been commenced in a court of a
3.7state having jurisdiction under sections 518D.201 to 518D.203, a child custody determination
3.8made under this section remains in effect until an order is obtained from a court of a state
3.9having jurisdiction under sections 518D.201 to 518D.203. If a child custody proceeding
3.10has not been or is not commenced in a court of a state having jurisdiction under sections
3.11518D.201 to 518D.203, a child custody determination made under this section becomes a
3.12final determination, if it so provides and this state becomes the home state of the child.
3.13 (c) If there is a previous child custody determination that is entitled to be enforced under
3.14this chapter, or a child custody proceeding has been commenced in a court of a state having
3.15jurisdiction under sections 518D.201 to 518D.203, any order issued by a court of this state
3.16under this section must specify in the order a period that the court considers adequate to
3.17allow the person seeking an order to obtain an order from the state having jurisdiction under
3.18sections 518D.201 to 518D.203. The order issued in this state remains in effect until an
3.19order is obtained from the other state within the period specified or the period expires.
3.20 (d) A court of this state which has been asked to make a child custody determination
3.21under this section, upon being informed that a child custody proceeding has been commenced
3.22in, or a child custody determination has been made by, a court of a state having jurisdiction
3.23under sections 518D.201 to 518D.203, shall immediately communicate with the other court.
3.24A court of this state which is exercising jurisdiction pursuant to sections 518D.201 to
3.25518D.203, upon being informed that a child custody proceeding has been commenced in,
3.26or a child custody determination has been made by, a court of another state under a statute
3.27similar to this section shall immediately communicate with the court of that state to resolve
3.28the emergency, protect the safety of the parties and the child, and determine a period for
3.29the duration of the temporary order.
3.30 EFFECTIVE DATE.This section is effective the day following final enactment.
3Sec. 3.
S0063-1 1st EngrossmentSF63 REVISOR BD 4.1 Sec. 4. Minnesota Statutes 2022, section 518D.207, is amended to read:
4.2 518D.207 INCONVENIENT FORUM.
4.3 (a) A court of this state which has jurisdiction under this chapter to make a child custody
4.4determination may decline to exercise its jurisdiction at any time if it determines that it is
4.5an inconvenient forum under the circumstances and that a court of another state is a more
4.6appropriate forum. The issue of inconvenient forum may be raised upon motion of a party,
4.7the court's own motion, or request of another court.
4.8 (b) Before determining whether it is an inconvenient forum, a court of this state shall
4.9consider whether it is appropriate for a court of another state to exercise jurisdiction. For
4.10this purpose, the court shall allow the parties to submit information and shall consider all
4.11relevant factors, including:
4.12 (1) whether domestic violence has occurred and is likely to continue in the future and
4.13which state could best protect the parties and the child;
4.14 (2) the length of time the child has resided outside this state;
4.15 (3) the distance between the court in this state and the court in the state that would assume
4.16jurisdiction;
4.17 (4) the relative financial circumstances of the parties;
4.18 (5) any agreement of the parties as to which state should assume jurisdiction;
4.19 (6) the nature and location of the evidence required to resolve the pending litigation,
4.20including testimony of the child;
4.21 (7) the ability of the court of each state to decide the issue expeditiously and the
4.22procedures necessary to present the evidence; and
4.23 (8) the familiarity of the court of each state with the facts and issues in the pending
4.24litigation.
4.25 (c) If a court of this state determines that it is an inconvenient forum and that a court of
4.26another state is a more appropriate forum, it shall stay the proceedings upon condition that
4.27a child custody proceeding be promptly commenced in another designated state and may
4.28impose any other condition the court considers just and proper.
4.29 (d) A court of this state may decline to exercise its jurisdiction under this chapter if a
4.30child custody determination is incidental to an action for marriage dissolution or another
4.31proceeding while still retaining jurisdiction over the marriage dissolution or other proceeding.
4Sec. 4.
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,
5.2a court of this state shall not determine that this state is an inconvenient forum if the law or
5.3policy of the other state that may take jurisdiction limits the ability of a parent to obtain
5.4gender-affirming health care as defined in section 543.23, paragraph (b), for the parent's
5.5child.
5.6 EFFECTIVE DATE.This section is effective the day following final enactment.
5.7 Sec. 5. [543.23] UNENFORCEABLE SUBPOENAS.
5.8 (a) No subpoena shall be issued and no foreign subpoena shall be recognized in this
5.9state in a criminal or civil matter if the subpoena is related to a violation of another state's
5.10laws when the other state's laws are designed to interfere with an individual's right to receive
5.11gender-affirming health care. Failure to comply with a subpoena seeking information related
5.12to a person or entity allowing or assisting a child or an adult to receive gender-affirming
5.13health care when the information is being requested to enforce another state's laws that
5.14allow a civil or criminal action to be brought against a person for allowing or providing
5.15gender-affirming health care must not be the basis for contempt under section 588.01.
5.16 (b) "Gender-affirming health care" means medically necessary health care or mental
5.17health care that respects the gender identity of the patient, as experienced and defined by
5.18the patient, and that may include but is not limited to:
5.19 (1) interventions to suppress the development of endogenous secondary sex
5.20characteristics;
5.21 (2) interventions to align the patient's appearance or physical body with the patient's
5.22gender identity;
5.23 (3) interventions to alleviate the patient's symptoms of clinically significant distress
5.24resulting from gender dysphoria as defined in the current version of the Diagnostic and
5.25Statistical Manual of Mental Disorders; and
5.26 (4) developmentally appropriate exploration and integration of the patient's gender
5.27identity, reduction of the patient's distress, adaptive coping, and strategies to increase family
5.28acceptance of the patient's gender identity.
5.29 EFFECTIVE DATE.This section is effective the day following final enactment.
5Sec. 5.
S0063-1 1st EngrossmentSF63 REVISOR BD 6.1 Sec. 6. Minnesota Statutes 2022, section 629.02, is amended to read:
6.2 629.02 DUTIES OF GOVERNOR IN EXTRADITION MATTERS.
6.3 Subject to the provisions of sections 629.01 to 629.29, the provisions of the Constitution
6.4of the United States controlling, and any and all acts of Congress enacted in pursuance
6.5thereof, it is the duty of the governor of this state to have arrested and delivered up to the
6.6executive authority of any other state of the United States any person charged in that state
6.7with treason, felony, or other crime, who has fled from justice and if found in this state.
6.8Nothing in this section shall limit any person's right to move freely between states or to
6.9enjoy the privileges and immunities of this state and no person shall be arrested or delivered
6.10up to the executive authority of any other state of the United States for acts committed in
6.11this state related to receiving or providing gender-affirming health care as defined in section
6.12543.23, paragraph (b), or assisting another person in receiving or providing this care.
6.13 EFFECTIVE DATE.This section is effective the day following final enactment.
6.14 Sec. 7. Minnesota Statutes 2022, section 629.05, is amended to read:
6.15 629.05 EXTRADITION BY AGREEMENT.
6.16 When it is desired to have returned to this state a person charged in this state with a
6.17crime, and such person is imprisoned or is held under criminal proceedings then pending
6.18against that person in another state, the governor of this state may agree with the executive
6.19authority of such other state for the extradition of such person before the conclusion of such
6.20proceedings or the person's term of sentence in such other state, upon condition that such
6.21person be returned to such other state at the expense of this state as soon as the prosecution
6.22in this state is terminated.
6.23 The governor of this state may also surrender, on demand of the executive authority of
6.24any other state, any person in this state who is charged in the manner provided in section
6.25629.23 with having violated the laws of the state whose executive authority is making the
6.26demand, even though such person left the demanding state involuntarily, except that no
6.27person shall be surrendered for acts committed in this state related to receiving or providing
6.28gender-affirming health care as defined in section 543.23, paragraph (b), or assisting another
6.29person in receiving or providing this care.
6.30 EFFECTIVE DATE.This section is effective the day following final enactment.
6Sec. 7.
S0063-1 1st EngrossmentSF63 REVISOR BD 7.1 Sec. 8. Minnesota Statutes 2022, section 629.06, is amended to read:
7.2 629.06 EXTRADITION OF PERSONS COMMITTING CRIME.
7.3 (a) Except as provided in paragraph (b), the governor of this state may also surrender,
7.4on demand of the executive authority of any other state, any person in this state charged in
7.5such other state in the manner provided in section 629.03 with committing an act in this
7.6state, or in a third state, intentionally resulting in a crime in the state, whose executive
7.7authority is making the demand, and the provisions of sections 629.01 to 629.29 not otherwise
7.8inconsistent, shall apply to such cases, even though the accused was not in that state at the
7.9time of the commission of the crime, and has not fled therefrom.
7.10 (b) Nothing in this section shall limit any person's right to move freely between states
7.11or to enjoy the privileges and immunities of this state and no person shall be surrendered
7.12to the executive authority of any other state for acts related to receiving or providing
7.13gender-affirming health care as defined in section 543.23, paragraph (b), or assisting another
7.14person in receiving or providing this care.
7.15 EFFECTIVE DATE.This section is effective the day following final enactment.
7.16 Sec. 9. Minnesota Statutes 2022, section 629.13, is amended to read:
7.17 629.13 WHO MAY BE APPREHENDED.
7.18 When any person within this state is charged on the oath of any credible person before
7.19any judge of this state with the commission of any crime in any other state other than a
7.20crime arising from acts committed in this state related to receiving or providing
7.21gender-affirming health care as defined in section 543.23, paragraph (b), or assisting another
7.22person in receiving or providing this care, and, except in cases arising under section 629.06,
7.23with having fled from justice, with having been convicted of a crime in that state and having
7.24escaped from confinement, or having broken the terms of bail, probation, or parole, or when
7.25complaint has been made before any judge in this state setting forth on the affidavit of any
7.26credible person in another state that a crime has been committed in the other state and that
7.27the accused has been charged in that state with the commission of the crime and, except in
7.28cases arising under section 629.06, has fled from justice, or with having been convicted of
7.29a crime in that state and having escaped from confinement, or having broken the terms of
7.30bail, probation, or parole, and is believed to be in this state, the judge shall issue a warrant
7.31directed to any peace officer commanding the officer to apprehend the person named in it,
7.32wherever the accused may be found in this state, and to bring the accused before the same
7.33or any other judge or court who or which may be available in or convenient of access to the
7Sec. 9.
S0063-1 1st EngrossmentSF63 REVISOR BD 8.1place where the arrest may be made, to answer the charge or complaint and affidavit. A
8.2certified copy of the sworn charge or complaint and affidavit upon which the warrant is
8.3issued shall be attached to the warrant.
8.4 EFFECTIVE DATE.This section is effective the day following final enactment.
8.5 Sec. 10. Minnesota Statutes 2022, section 629.14, is amended to read:
8.6 629.14 ARREST WITHOUT WARRANT.
8.7 The arrest of a person may be lawfully made also by any peace officer or a private person,
8.8without a warrant upon reasonable information that the accused stands charged in the courts
8.9of a state with a crime punishable by death or imprisonment for a term exceeding one year,
8.10except that no person shall be arrested if the accused stands charged in the courts of any
8.11other state for acts committed in this state related to receiving or providing gender-affirming
8.12health care as defined in section 543.23, paragraph (b), or assisting another person in
8.13receiving or providing this care. When arrested the accused must be taken before a judge
8.14with all practicable speed and complaint must be made against the accused under oath setting
8.15forth the ground for the arrest as in section 629.13. Thereafter the answer shall be heard as
8.16if the accused had been arrested on a warrant.
8.17 EFFECTIVE DATE.This section is effective the day following final enactment.
8Sec. 10.
S0063-1 1st EngrossmentSF63 REVISOR BD