PRINTER'S NO. 3397
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2446
Session of
2024
INTRODUCED BY SIEGEL, HOHENSTEIN, HILL-EVANS, SCHLOSSBERG,
MAYES, KHAN, SANCHEZ, SHUSTERMAN, D. WILLIAMS, DALEY AND
CEPEDA-FREYTIZ, JUNE 26, 2024
REFERRED TO COMMITTEE ON JUDICIARY, JUNE 26, 2024
AN ACT
Amending Title 42 (Judiciary and Judicial Procedure) of the
Pennsylvania Consolidated Statutes, in bases of jurisdiction
and interstate and international procedure, further providing
for assistance to tribunals and litigants outside this
Commonwealth with respect to service and for issuance of
subpoena; in commencement of proceedings, further providing
for authority of officers of another state to arrest in this
Commonwealth; and, in detainers and extradition, further
providing for definitions, for duty of Governor with respect
to fugitives from justice and for presigned waiver of
extradition.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 5324(a), 5335(b) and 8922 of Title 42 of
the Pennsylvania Consolidated Statutes are amended to read:
§ 5324. Assistance to tribunals and litigants outside this
Commonwealth with respect to service.
(a) General rule.--[A]
(1) Except as provided under paragraph (2), a court of
record of this Commonwealth may order service upon any person
who is domiciled or can be found within this Commonwealth of
any document issued in connection with a matter in a tribunal
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outside this Commonwealth. The order may be made upon
application of any interested person or in response to a
letter rogatory issued by a tribunal outside this
Commonwealth and shall direct the manner of service.
(2) A court o f record of this Commonwealth shall have no
authority under this section to order service upon any person
for any matter in a tribunal outside of this Commonwealth
involving the provision or delivery of gender-affirming
health care services.
(3) As used in this subsection, the term "gender-
affirming health care services" means all supplies, care and
services that may be lawfully provided in this Commonwealth
to a person to support the person's gender identity. The term
includes, but is not limited to, the following:
(i) Mental health or psychiatric care.
(ii) Surgery, hormone replacement therapy and other
nonsurgical treatments intended to align aspects of a
person's life with the person's gender identity.
(iii) Other behavioral or medical interventions,
treatments and therapies designed to support and affirm a
person's gender identity.
* * *
§ 5335. Issuance of subpoena.
* * *
(b) Duty of prothonotary.--[A]
(1) Except as provided under paragraph (2), a
prothonotary in receipt of a foreign subpoena shall, in
accordance with that court's procedure, promptly issue a
subpoena for service upon the person to whom the foreign
subpoena is directed.
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(2) A prothonotary shall have no authority under this
section to issue a subpoena for service upon any person for
any matter in a tribunal outside of this Commonwealth
involving the provision or delivery of gender-affirming
health care services.
(3) As used in this subsection, the term "gender-
affirming health care services" means all supplies, care and
services that may be lawfully provided in this Commonwealth
to a person to support the person's gender identity. The term
includes, but is not limited to, the following:
(i) Mental health or psychiatric care.
(ii) Surgery, hormone replacement therapy and other
nonsurgical treatments intended to align aspects of a
person's life with the person's gender identity.
(iii) Other behavioral or medical interventions,
treatments and therapies designed to support and affirm a
person's gender identity.
* * *
§ 8922. Authority of officers of another state to arrest in
this Commonwealth.
[Any] (a) Authority.--Except as provided under subsection
(b), a peace officer of another state who enters this
Commonwealth in close pursuit of a person, and continues within
this Commonwealth in such close pursuit, in order to arrest him,
shall have the same authority to arrest and hold in custody such
person on the ground that he has committed a crime in such state
which is an indictable offense in this Commonwealth as peace
officers of this Commonwealth have to arrest and hold in custody
a person on the ground that he has committed a crime in this
Commonwealth.
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(b) Exception.--A peace officer of another state under
subsection (a) shall have no authority to arrest and hold in
custody a person accused of a crime in such state involving
gender-affirming health care services. As used in this
subsection, the term "gender-affirming health care services"
means all supplies, care and services that may be lawfully
provided in this Commonwealth to a person to support the
person's gender identity. The term includes, but is not limited
to, the following:
(1) Mental health or psychiatric care.
(2) Surgery, hormone replacement therapy and other
nonsurgical treatments intended to align aspects of a
person's life with the person's gender identity.
(3) Other behavioral or medical interventions,
treatments and therapies designed to support and affirm a
person's gender identity.
Section 2. Section 9122 of Title 42 is amended by adding a
definition to read:
§ 9122. Definitions.
The following words and phrases when used in this subchapter
shall have, unless the context clearly indicates otherwise, the
meanings given to them in this section:
* * *
"Gender-affirming health care services." All supplies, care
and services that may be lawfully provided in this Commonwealth
to a person to support the person's gender identity. The term
includes, but is not limited to, the following:
(1) Mental health or psychiatric care.
(2) Surgery, hormone replacement therapy and other
nonsurgical treatments intended to align aspects of a
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person's life with the person's gender identity.
(3) Other behavioral or medical interventions,
treatments and therapies designed to support and affirm a
person's gender identity.
* * *
Section 3. Sections 9123 and 9146.1 of Title 42 are amended
to read:
§ 9123. Duty of Governor with respect to fugitives from
justice.
[Subject] (a) Duty.--Except as provided under subsection (b)
and subject to the provisions of this subchapter, the provisions
of the Constitution of the United States controlling, and any
and all acts of Congress enacted in pursuance thereof, it is the
duty of the Governor of this Commonwealth to have arrested and
delivered up to the executive authority of any other state of
the United States any person charged in that state with treason,
felony or other crime, who has fled from justice and is found in
this Commonwealth.
(b) Exception.--The Governor shall have no authority to have
arrested and delivered up to the executive authority of any
other state of the United States any person charged in that
state with a felony or other crime, who has fled from justice
and is found in this Commonwealth for a criminal offense of
another state involving the provision or delivery of gender-
affirming health care services that would be lawful under the
laws of this Commonwealth.
§ 9146.1. Presigned waiver of extradition.
(a) Delivery.--Notwithstanding any other provision of law
and except as provided under subsection (b), a law enforcement
agency in this Commonwealth holding a person who is alleged to
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have broken the terms of his probation, parole, bail or any
other release in the demanding state shall immediately deliver
that person to the duly authorized agent of the demanding state
without the requirement of a Governor's warrant if all of the
following apply:
(1) The person has signed a prior waiver of extradition
as a term of his current probation, parole, bail or other
release in the demanding state.
(2) The law enforcement agency holding the person has
received an authenticated copy of the prior waiver of
extradition signed by the person and photographs or
fingerprints or other evidence properly identifying the
person as the person who signed the waiver.
(3) All open criminal charges in this Commonwealth have
been disposed of through trial and sentencing.
(b) Exception.--A law enforcement agency in this
Commonwealth holding a person who is alleged to have broken the
terms of the person's probation, parole, bail or any other
release in the demanding state for an offense involving the
provision or delivery of gender-affirming health care services
that would be lawful under the laws of this Commonwealth shall
have no authority to deliver that person to the duly authorized
agent of the demanding state without the requirement of a
Governor's warrant.
Section 4. This act shall take effect in 60 days.
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