Text of MN HF 146 (2023)

Gender-affirming health care; use of subpoenas to gather information prevented; child custody and child welfare provisions amended; and warrant, arrest, and extradition provisions amended.

Back to the bill page

Legislative text is a public record. Where LegiScan supplied it, the CC BY 4.0 credit applies.

Source: LegiScan. Bill data and text from LegiScan (legiscan.com), licensed CC BY 4.0 and used in modified form. LegiScan does not endorse the Trans Data Initiative. License: CC BY 4.0(opens another site). Source page(opens another site)

As introduced

19,530 characters

Open the printed bill (PDF)

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.​ 1.10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​ 1.11 Section 1. [260.925] APPLICATION OF LAWS; GENDER-AFFIRMING HEALTH​ 1.12 CARE.​ 1.13 A law of another state that authorizes a state agency to remove a child from the child's​ 1.14 parent or guardian because the parent or guardian allowed the child to receive​ 1.15 gender-affirming health care, as defined in section 548.415, paragraph (b), is against the​ 1.16 public policy of this state and must not be enforced or applied in a case pending in a court​ 1.17 in this state. A court order for the removal of a child issued in another state because the​ 1.18 child's parent or guardian assisted the child in receiving gender-affirming care in this state​ 1.19 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​ 1.24 to make an initial child custody determination only if:​ 1​ Sec. 2.​ REVISOR BD/LN 23-01405​ 01/03/23 ​ State of Minnesota​ This Document can be made available​ in alternative formats upon request​ HOUSE OF REPRESENTATIVES​ H. F. No. 146​ NINETY-THIRD SESSION​ Authored by Finke, Reyer, Kozlowski, Curran, Becker-Finn and others​ 01/09/2023​ The bill was read for the first time and referred to the Committee on Judiciary Finance and Civil Law​ 2.1 (1) this state is the home state of the child on the date of the commencement of the​ 2.2 proceeding, or was the home state of the child within six months before the commencement​ 2.3 of the proceeding and the child is absent from this state but a parent or person acting as a​ 2.4 parent 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​ 2.6 home state of the child has declined to exercise jurisdiction on the ground that this state is​ 2.7 the 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​ 2.9 as a parent, have a significant connection with this state other than mere physical presence;​ 2.10 and​ 2.11 (ii) substantial evidence is available in this state concerning the child's care, protection,​ 2.12 training, and personal relationships;​ 2.13 (3) all courts having jurisdiction under clause (1) or (2) have declined to exercise​ 2.14 jurisdiction on the ground that a court of this state is the more appropriate forum to determine​ 2.15 the 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​ 2.17 clause (1), (2), or (3).​ 2.18 (b) Paragraph (a) is the exclusive jurisdictional basis for making a child custody​ 2.19 determination by a court of this state.​ 2.20 (c) Physical presence of, or personal jurisdiction over, a party or a child is not necessary​ 2.21 or 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​ 2.23 health care as defined in section 548.415, paragraph (b), is sufficient to meet the requirements​ 2.24 of 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​ 2.29 this state and:​ 2.30 (1) the child has been abandoned or;​ 2​ Sec. 3.​ REVISOR BD/LN 23-01405​ 01/03/23 ​ 3.1 (2) it is necessary in an emergency to protect the child because the child, or a sibling or​ 3.2 parent 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​ 3.4 548.415, paragraph (b).​ 3.5 (b) If there is no previous child custody determination that is entitled to be enforced​ 3.6 under this chapter, and a child custody proceeding has not been commenced in a court of a​ 3.7 state having jurisdiction under sections 518D.201 to 518D.203, a child custody determination​ 3.8 made under this section remains in effect until an order is obtained from a court of a state​ 3.9 having jurisdiction under sections 518D.201 to 518D.203. If a child custody proceeding​ 3.10 has not been or is not commenced in a court of a state having jurisdiction under sections​ 3.11 518D.201 to 518D.203, a child custody determination made under this section becomes a​ 3.12 final 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​ 3.14 this chapter, or a child custody proceeding has been commenced in a court of a state having​ 3.15 jurisdiction under sections 518D.201 to 518D.203, any order issued by a court of this state​ 3.16 under this section must specify in the order a period that the court considers adequate to​ 3.17 allow the person seeking an order to obtain an order from the state having jurisdiction under​ 3.18 sections 518D.201 to 518D.203. The order issued in this state remains in effect until an​ 3.19 order 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​ 3.21 under this section, upon being informed that a child custody proceeding has been commenced​ 3.22 in, or a child custody determination has been made by, a court of a state having jurisdiction​ 3.23 under sections 518D.201 to 518D.203, shall immediately communicate with the other court.​ 3.24 A court of this state which is exercising jurisdiction pursuant to sections 518D.201 to​ 3.25 518D.203, upon being informed that a child custody proceeding has been commenced in,​ 3.26 or a child custody determination has been made by, a court of another state under a statute​ 3.27 similar to this section shall immediately communicate with the court of that state to resolve​ 3.28 the emergency, protect the safety of the parties and the child, and determine a period for​ 3.29 the duration of the temporary order.​ 3.30 EFFECTIVE DATE. This section is effective the day following final enactment.​ 3​ Sec. 3.​ REVISOR BD/LN 23-01405​ 01/03/23 ​ 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​ 4.4 determination may decline to exercise its jurisdiction at any time if it determines that it is​ 4.5 an inconvenient forum under the circumstances and that a court of another state is a more​ 4.6 appropriate forum. The issue of inconvenient forum may be raised upon motion of a party,​ 4.7 the 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​ 4.9 consider whether it is appropriate for a court of another state to exercise jurisdiction. For​ 4.10 this purpose, the court shall allow the parties to submit information and shall consider all​ 4.11 relevant factors, including:​ 4.12 (1) whether domestic violence has occurred and is likely to continue in the future and​ 4.13 which 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​ 4.16 jurisdiction;​ 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,​ 4.20 including testimony of the child;​ 4.21 (7) the ability of the court of each state to decide the issue expeditiously and the​ 4.22 procedures 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​ 4.24 litigation.​ 4.25 (c) If a court of this state determines that it is an inconvenient forum and that a court of​ 4.26 another state is a more appropriate forum, it shall stay the proceedings upon condition that​ 4.27 a child custody proceeding be promptly commenced in another designated state and may​ 4.28 impose 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​ 4.30 child custody determination is incidental to an action for marriage dissolution or another​ 4.31 proceeding while still retaining jurisdiction over the marriage dissolution or other proceeding.​ 4​ Sec. 4.​ REVISOR BD/LN 23-01405​ 01/03/23 ​ 5.1 (e) In a case where the provision of gender-affirming health care for a child is at issue,​ 5.2 a court of this state shall not determine that this state is an inconvenient forum if the law or​ 5.3 policy of the other state that may take jurisdiction limits the ability of a parent to obtain​ 5.4 gender-affirming health care as defined in section 548.415, paragraph (b), for the parent's​ 5.5 child.​ 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​ 5.9 state in a criminal or civil matter if the subpoena is related to a violation of another state's​ 5.10 laws when the other state's laws are designed to interfere with an individual's right to receive​ 5.11 gender-affirming health care. Failure to comply with a subpoena seeking information related​ 5.12 to a person or entity allowing or assisting a child or an adult to receive gender-affirming​ 5.13 health care when the information is being requested to enforce another state's laws that​ 5.14 allow a civil or criminal action to be brought against a person for allowing or providing​ 5.15 gender-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​ 5.17 health care that respects the gender identity of the patient, as experienced and defined by​ 5.18 the patient, and that may include but is not limited to:​ 5.19 (1) interventions to suppress the development of endogenous secondary sex​ 5.20 characteristics;​ 5.21 (2) interventions to align the patient's appearance or physical body with the patient's​ 5.22 gender identity;​ 5.23 (3) interventions to alleviate the patient's symptoms of clinically significant distress​ 5.24 resulting from gender dysphoria as defined in the current version of the Diagnostic and​ 5.25 Statistical Manual of Mental Disorders; and​ 5.26 (4) developmentally appropriate exploration and integration of the patient's gender​ 5.27 identity, reduction of the patient's distress, adaptive coping, and strategies to increase family​ 5.28 acceptance of the patient's gender identity.​ 5.29 EFFECTIVE DATE. This section is effective the day following final enactment.​ 5​ Sec. 5.​ REVISOR BD/LN 23-01405​ 01/03/23 ​ 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​ 6.4 of the United States controlling, and any and all acts of Congress enacted in pursuance​ 6.5 thereof, it is the duty of the governor of this state to have arrested and delivered up to the​ 6.6 executive authority of any other state of the United States any person charged in that state​ 6.7 with treason, felony, or other crime, who has fled from justice and if found in this state.​ 6.8 Nothing in this section shall limit any person's right to move freely between states or to​ 6.9 enjoy the privileges and immunities of this state and no person shall be arrested or delivered​ 6.10 up to the executive authority of any other state of the United States for acts committed in​ 6.11 this state or services received in this state involving gender-affirming health care as defined​ 6.12 in section 548.415, paragraph (b).​ 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​ 6.17 crime, and such person is imprisoned or is held under criminal proceedings then pending​ 6.18 against that person in another state, the governor of this state may agree with the executive​ 6.19 authority of such other state for the extradition of such person before the conclusion of such​ 6.20 proceedings or the person's term of sentence in such other state, upon condition that such​ 6.21 person be returned to such other state at the expense of this state as soon as the prosecution​ 6.22 in this state is terminated.​ 6.23 The governor of this state may also surrender, on demand of the executive authority of​ 6.24 any other state, any person in this state who is charged in the manner provided in section​ 6.25 629.23 with having violated the laws of the state whose executive authority is making the​ 6.26 demand, even though such person left the demanding state involuntarily, except that no​ 6.27 person shall be surrendered for acts committed in this state or services received in this state​ 6.28 involving gender-affirming health care as defined in section 548.415, paragraph (b).​ 6.29 EFFECTIVE DATE. This section is effective the day following final enactment.​ 6​ Sec. 7.​ REVISOR BD/LN 23-01405​ 01/03/23 ​ 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,​ 7.4 on demand of the executive authority of any other state, any person in this state charged in​ 7.5 such other state in the manner provided in section 629.03 with committing an act in this​ 7.6 state, or in a third state, intentionally resulting in a crime in the state, whose executive​ 7.7 authority is making the demand, and the provisions of sections 629.01 to 629.29 not otherwise​ 7.8 inconsistent, shall apply to such cases, even though the accused was not in that state at the​ 7.9 time 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​ 7.11 or to enjoy the privileges and immunities of this state and no person shall be surrendered​ 7.12 to the executive authority of any other state for acts involving gender-affirming health care​ 7.13 as defined in section 548.415, paragraph (b).​ 7.14 EFFECTIVE DATE. This section is effective the day following final enactment.​ 7.15 Sec. 9. Minnesota Statutes 2022, section 629.13, is amended to read:​ 7.16 629.13 WHO MAY BE APPREHENDED.​ 7.17 When any person within this state is charged on the oath of any credible person before​ 7.18 any judge of this state with the commission of any crime in any other state other than a​ 7.19 crime arising from acts committed in this state or services received in this state involving​ 7.20 gender-affirming health care as defined in section 548.415, paragraph (b), and, except in​ 7.21 cases arising under section 629.06, with having fled from justice, with having been convicted​ 7.22 of a crime in that state and having escaped from confinement, or having broken the terms​ 7.23 of bail, probation, or parole, or when complaint has been made before any judge in this state​ 7.24 setting forth on the affidavit of any credible person in another state that a crime has been​ 7.25 committed in the other state and that the accused has been charged in that state with the​ 7.26 commission of the crime and, except in cases arising under section 629.06, has fled from​ 7.27 justice, or with having been convicted of a crime in that state and having escaped from​ 7.28 confinement, or having broken the terms of bail, probation, or parole, and is believed to be​ 7.29 in this state, the judge shall issue a warrant directed to any peace officer commanding the​ 7.30 officer to apprehend the person named in it, wherever the accused may be found in this​ 7.31 state, and to bring the accused before the same or any other judge or court who or which​ 7.32 may be available in or convenient of access to the place where the arrest may be made, to​ 7​ Sec. 9.​ REVISOR BD/LN 23-01405​ 01/03/23 ​ 8.1 answer the charge or complaint and affidavit. A certified copy of the sworn charge or​ 8.2 complaint and affidavit upon which the warrant is issued shall be attached to the warrant.​ 8.3 EFFECTIVE DATE. This section is effective the day following final enactment.​ 8.4 Sec. 10. Minnesota Statutes 2022, section 629.14, is amended to read:​ 8.5 629.14 ARREST WITHOUT WARRANT.​ 8.6 The arrest of a person may be lawfully made also by any peace officer or a private person,​ 8.7 without a warrant upon reasonable information that the accused stands charged in the courts​ 8.8 of a state with a crime punishable by death or imprisonment for a term exceeding one year,​ 8.9 except that no person shall be arrested if the accused stands charged in the courts of any​ 8.10 other state for acts committed in this state or services received in this state involving​ 8.11 gender-affirming health care as defined in section 548.415, paragraph (b). When arrested​ 8.12 the accused must be taken before a judge with all practicable speed and complaint must be​ 8.13 made against the accused under oath setting forth the ground for the arrest as in section​ 8.14 629.13. Thereafter the answer shall be heard as if the accused had been arrested on a warrant.​ 8.15 EFFECTIVE DATE. This section is effective the day following final enactment.​ 8​ Sec. 10.​ REVISOR BD/LN 23-01405​ 01/03/23 ​

As enrolled or final

19,731 characters

Open the printed bill (PDF)

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.​ 1.10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​ 1.11 Section 1. [260.925] APPLICATION OF LAWS; GENDER-AFFIRMING HEALTH​ 1.12 CARE.​ 1.13 A law of another state that authorizes a state agency to remove a child from the child's​ 1.14 parent or guardian because the parent or guardian allowed the child to receive​ 1.15 gender-affirming health care, as defined in section 543.23, paragraph (b), is against the​ 1.16 public policy of this state and must not be enforced or applied in a case pending in a court​ 1.17 in this state. A court order for the removal of a child issued in another state because the​ 1.18 child's parent or guardian assisted the child in receiving gender-affirming care in this state​ 1.19 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​ 1.24 to make an initial child custody determination only if:​ 1​ Sec. 2.​ REVISOR BD H0146-1​ HF146 FIRST ENGROSSMENT​ 69​ Printed​ Page No.​ State of Minnesota​ This Document can be made available​ in alternative formats upon request​ HOUSE OF REPRESENTATIVES​ H. F. No. 146​ NINETY-THIRD SESSION​ Authored by Finke, Reyer, Kozlowski, Curran, Becker-Finn and others​ 01/09/2023​ The bill was read for the first time and referred to the Committee on Judiciary Finance and Civil Law​ Adoption of Report: Placed on the General Register as Amended​ 02/27/2023​ Read for the Second Time​ 2.1 (1) this state is the home state of the child on the date of the commencement of the​ 2.2 proceeding, or was the home state of the child within six months before the commencement​ 2.3 of the proceeding and the child is absent from this state but a parent or person acting as a​ 2.4 parent 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​ 2.6 home state of the child has declined to exercise jurisdiction on the ground that this state is​ 2.7 the 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​ 2.9 as a parent, have a significant connection with this state other than mere physical presence;​ 2.10 and​ 2.11 (ii) substantial evidence is available in this state concerning the child's care, protection,​ 2.12 training, and personal relationships;​ 2.13 (3) all courts having jurisdiction under clause (1) or (2) have declined to exercise​ 2.14 jurisdiction on the ground that a court of this state is the more appropriate forum to determine​ 2.15 the 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​ 2.17 clause (1), (2), or (3).​ 2.18 (b) Paragraph (a) is the exclusive jurisdictional basis for making a child custody​ 2.19 determination by a court of this state.​ 2.20 (c) Physical presence of, or personal jurisdiction over, a party or a child is not necessary​ 2.21 or 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​ 2.23 health care as defined in section 543.23, paragraph (b), is sufficient to meet the requirements​ 2.24 of 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​ 2.29 this state and:​ 2.30 (1) the child has been abandoned or;​ 2​ Sec. 3.​ REVISOR BD H0146-1​ HF146 FIRST ENGROSSMENT​ 3.1 (2) it is necessary in an emergency to protect the child because the child, or a sibling or​ 3.2 parent 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​ 3.4 543.23, paragraph (b).​ 3.5 (b) If there is no previous child custody determination that is entitled to be enforced​ 3.6 under this chapter, and a child custody proceeding has not been commenced in a court of a​ 3.7 state having jurisdiction under sections 518D.201 to 518D.203, a child custody determination​ 3.8 made under this section remains in effect until an order is obtained from a court of a state​ 3.9 having jurisdiction under sections 518D.201 to 518D.203. If a child custody proceeding​ 3.10 has not been or is not commenced in a court of a state having jurisdiction under sections​ 3.11 518D.201 to 518D.203, a child custody determination made under this section becomes a​ 3.12 final 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​ 3.14 this chapter, or a child custody proceeding has been commenced in a court of a state having​ 3.15 jurisdiction under sections 518D.201 to 518D.203, any order issued by a court of this state​ 3.16 under this section must specify in the order a period that the court considers adequate to​ 3.17 allow the person seeking an order to obtain an order from the state having jurisdiction under​ 3.18 sections 518D.201 to 518D.203. The order issued in this state remains in effect until an​ 3.19 order 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​ 3.21 under this section, upon being informed that a child custody proceeding has been commenced​ 3.22 in, or a child custody determination has been made by, a court of a state having jurisdiction​ 3.23 under sections 518D.201 to 518D.203, shall immediately communicate with the other court.​ 3.24 A court of this state which is exercising jurisdiction pursuant to sections 518D.201 to​ 3.25 518D.203, upon being informed that a child custody proceeding has been commenced in,​ 3.26 or a child custody determination has been made by, a court of another state under a statute​ 3.27 similar to this section shall immediately communicate with the court of that state to resolve​ 3.28 the emergency, protect the safety of the parties and the child, and determine a period for​ 3.29 the duration of the temporary order.​ 3.30 EFFECTIVE DATE. This section is effective the day following final enactment.​ 3​ Sec. 3.​ REVISOR BD H0146-1​ HF146 FIRST ENGROSSMENT​ 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​ 4.4 determination may decline to exercise its jurisdiction at any time if it determines that it is​ 4.5 an inconvenient forum under the circumstances and that a court of another state is a more​ 4.6 appropriate forum. The issue of inconvenient forum may be raised upon motion of a party,​ 4.7 the 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​ 4.9 consider whether it is appropriate for a court of another state to exercise jurisdiction. For​ 4.10 this purpose, the court shall allow the parties to submit information and shall consider all​ 4.11 relevant factors, including:​ 4.12 (1) whether domestic violence has occurred and is likely to continue in the future and​ 4.13 which 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​ 4.16 jurisdiction;​ 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,​ 4.20 including testimony of the child;​ 4.21 (7) the ability of the court of each state to decide the issue expeditiously and the​ 4.22 procedures 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​ 4.24 litigation.​ 4.25 (c) If a court of this state determines that it is an inconvenient forum and that a court of​ 4.26 another state is a more appropriate forum, it shall stay the proceedings upon condition that​ 4.27 a child custody proceeding be promptly commenced in another designated state and may​ 4.28 impose 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​ 4.30 child custody determination is incidental to an action for marriage dissolution or another​ 4.31 proceeding while still retaining jurisdiction over the marriage dissolution or other proceeding.​ 4​ Sec. 4.​ REVISOR BD H0146-1​ HF146 FIRST ENGROSSMENT​ 5.1 (e) In a case where the provision of gender-affirming health care for a child is at issue,​ 5.2 a court of this state shall not determine that this state is an inconvenient forum if the law or​ 5.3 policy of the other state that may take jurisdiction limits the ability of a parent to obtain​ 5.4 gender-affirming health care as defined in section 543.23, paragraph (b), for the parent's​ 5.5 child.​ 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​ 5.9 state in a criminal or civil matter if the subpoena is related to a violation of another state's​ 5.10 laws when the other state's laws are designed to interfere with an individual's right to receive​ 5.11 gender-affirming health care. Failure to comply with a subpoena seeking information related​ 5.12 to a person or entity allowing or assisting a child or an adult to receive gender-affirming​ 5.13 health care when the information is being requested to enforce another state's laws that​ 5.14 allow a civil or criminal action to be brought against a person for allowing or providing​ 5.15 gender-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​ 5.17 health care that respects the gender identity of the patient, as experienced and defined by​ 5.18 the patient, and that may include but is not limited to:​ 5.19 (1) interventions to suppress the development of endogenous secondary sex​ 5.20 characteristics;​ 5.21 (2) interventions to align the patient's appearance or physical body with the patient's​ 5.22 gender identity;​ 5.23 (3) interventions to alleviate the patient's symptoms of clinically significant distress​ 5.24 resulting from gender dysphoria as defined in the current version of the Diagnostic and​ 5.25 Statistical Manual of Mental Disorders; and​ 5.26 (4) developmentally appropriate exploration and integration of the patient's gender​ 5.27 identity, reduction of the patient's distress, adaptive coping, and strategies to increase family​ 5.28 acceptance of the patient's gender identity.​ 5.29 EFFECTIVE DATE. This section is effective the day following final enactment.​ 5​ Sec. 5.​ REVISOR BD H0146-1​ HF146 FIRST ENGROSSMENT​ 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​ 6.4 of the United States controlling, and any and all acts of Congress enacted in pursuance​ 6.5 thereof, it is the duty of the governor of this state to have arrested and delivered up to the​ 6.6 executive authority of any other state of the United States any person charged in that state​ 6.7 with treason, felony, or other crime, who has fled from justice and if found in this state.​ 6.8 Nothing in this section shall limit any person's right to move freely between states or to​ 6.9 enjoy the privileges and immunities of this state and no person shall be arrested or delivered​ 6.10 up to the executive authority of any other state of the United States for acts committed in​ 6.11 this state or services received in this state involving gender-affirming health care as defined​ 6.12 in section 543.23, paragraph (b).​ 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​ 6.17 crime, and such person is imprisoned or is held under criminal proceedings then pending​ 6.18 against that person in another state, the governor of this state may agree with the executive​ 6.19 authority of such other state for the extradition of such person before the conclusion of such​ 6.20 proceedings or the person's term of sentence in such other state, upon condition that such​ 6.21 person be returned to such other state at the expense of this state as soon as the prosecution​ 6.22 in this state is terminated.​ 6.23 The governor of this state may also surrender, on demand of the executive authority of​ 6.24 any other state, any person in this state who is charged in the manner provided in section​ 6.25 629.23 with having violated the laws of the state whose executive authority is making the​ 6.26 demand, even though such person left the demanding state involuntarily, except that no​ 6.27 person shall be surrendered for acts committed in this state or services received in this state​ 6.28 involving gender-affirming health care as defined in section 543.23, paragraph (b).​ 6.29 EFFECTIVE DATE. This section is effective the day following final enactment.​ 6​ Sec. 7.​ REVISOR BD H0146-1​ HF146 FIRST ENGROSSMENT​ 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,​ 7.4 on demand of the executive authority of any other state, any person in this state charged in​ 7.5 such other state in the manner provided in section 629.03 with committing an act in this​ 7.6 state, or in a third state, intentionally resulting in a crime in the state, whose executive​ 7.7 authority is making the demand, and the provisions of sections 629.01 to 629.29 not otherwise​ 7.8 inconsistent, shall apply to such cases, even though the accused was not in that state at the​ 7.9 time 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​ 7.11 or to enjoy the privileges and immunities of this state and no person shall be surrendered​ 7.12 to the executive authority of any other state for acts involving gender-affirming health care​ 7.13 as defined in section 543.23, paragraph (b).​ 7.14 EFFECTIVE DATE. This section is effective the day following final enactment.​ 7.15 Sec. 9. Minnesota Statutes 2022, section 629.13, is amended to read:​ 7.16 629.13 WHO MAY BE APPREHENDED.​ 7.17 When any person within this state is charged on the oath of any credible person before​ 7.18 any judge of this state with the commission of any crime in any other state other than a​ 7.19 crime arising from acts committed in this state or services received in this state involving​ 7.20 gender-affirming health care as defined in section 543.23, paragraph (b), and, except in​ 7.21 cases arising under section 629.06, with having fled from justice, with having been convicted​ 7.22 of a crime in that state and having escaped from confinement, or having broken the terms​ 7.23 of bail, probation, or parole, or when complaint has been made before any judge in this state​ 7.24 setting forth on the affidavit of any credible person in another state that a crime has been​ 7.25 committed in the other state and that the accused has been charged in that state with the​ 7.26 commission of the crime and, except in cases arising under section 629.06, has fled from​ 7.27 justice, or with having been convicted of a crime in that state and having escaped from​ 7.28 confinement, or having broken the terms of bail, probation, or parole, and is believed to be​ 7.29 in this state, the judge shall issue a warrant directed to any peace officer commanding the​ 7.30 officer to apprehend the person named in it, wherever the accused may be found in this​ 7.31 state, and to bring the accused before the same or any other judge or court who or which​ 7.32 may be available in or convenient of access to the place where the arrest may be made, to​ 7​ Sec. 9.​ REVISOR BD H0146-1​ HF146 FIRST ENGROSSMENT​ 8.1 answer the charge or complaint and affidavit. A certified copy of the sworn charge or​ 8.2 complaint and affidavit upon which the warrant is issued shall be attached to the warrant.​ 8.3 EFFECTIVE DATE. This section is effective the day following final enactment.​ 8.4 Sec. 10. Minnesota Statutes 2022, section 629.14, is amended to read:​ 8.5 629.14 ARREST WITHOUT WARRANT.​ 8.6 The arrest of a person may be lawfully made also by any peace officer or a private person,​ 8.7 without a warrant upon reasonable information that the accused stands charged in the courts​ 8.8 of a state with a crime punishable by death or imprisonment for a term exceeding one year,​ 8.9 except that no person shall be arrested if the accused stands charged in the courts of any​ 8.10 other state for acts committed in this state or services received in this state involving​ 8.11 gender-affirming health care as defined in section 543.23, paragraph (b). When arrested the​ 8.12 accused must be taken before a judge with all practicable speed and complaint must be​ 8.13 made against the accused under oath setting forth the ground for the arrest as in section​ 8.14 629.13. Thereafter the answer shall be heard as if the accused had been arrested on a warrant.​ 8.15 EFFECTIVE DATE. This section is effective the day following final enactment.​ 8​ Sec. 10.​ REVISOR BD H0146-1​ HF146 FIRST ENGROSSMENT​