Kansas 2025-2026 Regular Session

Kansas House Bill HB2241 Compare Versions

Only one version of the bill is available at this time.

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1	1	Session of 2025
2	2	HOUSE BILL No. 2241
3	3	By Committee on Judiciary
4	4	Requested by Garrett Henson on behalf of the Kansas Attorney General
5	5	2-4
6	6	AN ACT concerning civil procedure; relating to habeas corpus; prohibiting
7	7	second and successive motions in certain circumstances; prohibiting
8	8	claims of ineffective counsel; providing appeals to the supreme court as
9	9	a matter of right in claims filed by inmates sentenced to death;
10	10	amending K.S.A. 2024 Supp. 60-1507 and 60-2102 and repealing the
11	11	existing sections.
12	12	Be it enacted by the Legislature of the State of Kansas:
13	13	Section 1. K.S.A. 2024 Supp. 60-1507 is hereby amended to read as
14	14	follows: 60-1507. (a) Motion attacking sentence. A prisoner in custody
15	15	under sentence of a court of general jurisdiction claiming the right to be
16	16	released upon the ground that the sentence was imposed in violation of the
17	17	constitution or laws of the United States, or the constitution or laws of the
18	18	state of Kansas, or that the court was without jurisdiction to impose such
19	19	sentence, or that the sentence was in excess of the maximum authorized by
20	20	law, or is otherwise subject to collateral attack, may, pursuant to the time
21	21	limitations imposed by subsection (f), move the court which imposed the
22	22	sentence to vacate, set aside or correct the sentence.
23	23	(b) Hearing and judgment. Unless the motion and the files and
24	24	records of the case conclusively show that the prisoner is entitled to no
25	25	relief, the court shall cause notice thereof to be served upon the county
26	26	attorney, grant a prompt hearing thereon, determine the issues and make
27	27	findings of fact and conclusions of law with respect thereto. The court may
28	28	entertain and determine such motion without requiring the production of
29	29	the prisoner at the hearing. A motion filed by a prisoner who has been
30	30	sentenced to death shall be expedited. If the court finds that the judgment
31	31	was rendered without jurisdiction, or that the sentence imposed was not
32	32	authorized by law or is otherwise open to collateral attack, or that there has
33	33	been such a denial or infringement of the constitutional rights of the
34	34	prisoner as to render the judgment vulnerable to collateral attack, the court
35	35	shall vacate and set the judgment aside and shall discharge the prisoner or
36	36	resentence said such prisoner or grant a new trial or correct the sentence as
37	37	may appear appropriate.
38	38	(c) Second and successive motions. (1) The sentencing court shall not
39	39	be required to entertain a second or successive motion for similar relief on
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75	75	behalf of the same prisoner consider a second or successive motion
76	76	unless:
77	77	(A) The claim relies on a new rule of constitutional law that was
78	78	made retroactive by the supreme court or the United States supreme court
79	79	and applies to the prisoner's case; or
80	80	(B) the factual basis for the claim could not have been discovered
81	81	previously through the exercise of due diligence, and such facts, if proven
82	82	and viewed in light of the evidence as a whole, would be sufficient to
83	83	establish by clear and convincing evidence that, but for constitutional
84	84	error, no reasonable fact finder would have found the prisoner guilty of
85	85	the underlying offense.
86	86	(2) A second or successive motion shall not be filed while an appeal
87	87	is pending on a motion previously filed pursuant to this section or during
88	88	the time within which such an appeal may be perfected.
89	89	(3) A motion is a second motion if it raises issues that could have
90	90	been raised in a previous motion filed pursuant to this section. A motion is
91	91	successive if it raises issues previously raised in a motion filed pursuant to
92	92	this section.
93	93	(d) Appeal. An appeal may be taken to the appellate court as provided
94	94	by law from the order entered on the motion as from a final judgment on
95	95	application for a writ of habeas corpus. If an appeal is taken on a motion
96	96	filed by a prisoner who has been sentenced to death, such appeal shall be
97	97	taken directly to the supreme court.
98	98	(e) Exclusiveness of remedy. An application for a writ of habeas
99	99	corpus in on behalf of a prisoner who is authorized to apply for relief by
100	100	motion pursuant to this section, shall not be entertained if it appears that
101	101	the applicant has failed to apply for relief, by motion, to the court which
102	102	sentenced said such applicant, or that such court has denied said such
103	103	applicant relief, unless it also appears that the remedy by motion is
104	104	inadequate or ineffective to test the legality of said such applicant's
105	105	detention.
106	106	(f) Time limitations. (1) Any action under this section must be
107	107	brought within one year of:
108	108	(A) The final order of the last appellate court in this state to exercise
109	109	jurisdiction on a direct appeal or the termination of such appellate
110	110	jurisdiction;
111	111	(B) the denial of a petition for writ of certiorari to the United States
112	112	supreme court or issuance of such court's final order following granting
113	113	such petition; or
114	114	(C) when claiming error in a previous action filed pursuant to this
115	115	section, the decision of the district court denying a prior motion under this
116	116	section, the opinion of the last appellate court in this state to exercise
117	117	jurisdiction on such prior motion or the denial of the petition for review on
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161	161	such prior motion, whichever is later.
162	162	(2) The time limitation herein may be extended by the court only to
163	163	prevent a manifest injustice.
164	164	(A) For purposes of finding manifest injustice under this section, the
165	165	court's inquiry shall be limited to determining why the prisoner failed to
166	166	file the motion within the one-year time limitation or whether the prisoner
167	167	makes a colorable claim of actual innocence. As used herein, the term
168	168	actual innocence requires the prisoner to show it is more likely than not
169	169	that no reasonable juror would have convicted the prisoner in light of new
170	170	evidence.
171	171	(B) If the court makes a manifest-injustice finding, it must state the
172	172	factual and legal basis for such finding in writing with service to the
173	173	parties.
174	174	(3) If the court, upon its own inspection of the motions, files and
175	175	records of the case, determines the time limitations under this section have
176	176	been exceeded and that the dismissal of the motion would not equate with
177	177	manifest injustice, the district court must dismiss the motion as untimely
178	178	filed.
179	179	(g) The amendments made to subsection (f) by this act shall not bar
180	180	actions under this section that are brought within one year of the effective
181	181	date of this actIneffective counsel. Notwithstanding the provisions of
182	182	K.S.A. 22-4506 and 22-4522, and amendments thereto, the ineffectiveness
183	183	of counsel during a previous action brought by an inmate pursuant to this
184	184	section shall not be a ground for relief in a subsequent action brought
185	185	pursuant to this section unless such claim alleges that the ineffectiveness
186	186	of counsel completely foreclosed the prisoner's ability to appeal or seek
187	187	discretionary review by an appellate court.
188	188	Sec. 2. K.S.A. 2024 Supp. 60-2102 is hereby amended to read as
189	189	follows: 60-2102. (a) Appeal to court of appeals as matter of right. Except
190	190	for any order or final decision of a district magistrate judge who is not
191	191	regularly admitted to practice law in Kansas, the appellate jurisdiction of
192	192	the court of appeals may be invoked by appeal as a matter of right from:
193	193	(1) An order that discharges, vacates or modifies a provisional
194	194	remedy.
195	195	(2) An order that grants, continues, modifies, refuses or dissolves an
196	196	injunction, or an order that grants or refuses relief in the form of
197	197	mandamus, quo warranto or habeas corpus.
198	198	(3) An order that appoints a receiver or refuses to wind up a
199	199	receivership or to take steps to accomplish the purposes thereof, such as
200	200	directing sales or other disposal of property, or an order involving the tax
201	201	or revenue laws, the title to real estate, the constitution of this state or the
202	202	constitution, laws or treaties of the United States.
203	203	(4) A final decision in any action, except in an action where a direct
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247	247	appeal to the supreme court is required by law. In any appeal or cross
248	248	appeal from a final decision, any act or ruling from the beginning of the
249	249	proceedings shall be reviewable.
250	250	(b) Appeal to supreme court as matter of right. The appellate
251	251	jurisdiction of the supreme court may be invoked by appeal as a matter of
252	252	right from:
253	253	(1) A preliminary or final decision in which a statute of this state has
254	254	been held unconstitutional as a violation of Article 6 of the constitution of
255	255	the state of Kansas pursuant to K.S.A. 72-5633, and amendments thereto.
256	256	Any appeal filed pursuant to this subsection (b)(1) shall be filed within 30
257	257	days of the date the preliminary or final decision is filed.
258	258	(2) A final decision of the district court in any action challenging the
259	259	constitutionality of or arising out of any provision of the Kansas expanded
260	260	lottery act, any lottery gaming facility management contract or any
261	261	racetrack gaming facility management contract entered into pursuant to the
262	262	Kansas expanded lottery act.
263	263	(3) A final decision of the district court in any habeas corpus action
264	264	filed pursuant to K.S.A. 60-1507, and amendments thereto, by a prisoner
265	265	who has been sentenced to death.
266	266	(c) Other appeals. When a district judge, or a district magistrate
267	267	judge who is regularly admitted to practice law in Kansas, in making in a
268	268	civil action an order not otherwise appealable under this section, is of the
269	269	opinion that such order involves a controlling question of law as to which
270	270	there is substantial ground for difference of opinion and that an immediate
271	271	appeal from the order may materially advance the ultimate termination of
272	272	the litigation, the judge shall so state in writing in such order. The court of
273	273	appeals may thereupon, in its discretion, permit an appeal to be taken from
274	274	such order, if application is made to it within 14 days after the entry of the
275	275	order under such terms and conditions as the supreme court fixes by rule.
276	276	Application for an appeal pursuant to this subsection shall not stay
277	277	proceedings in the district court unless the judge of the district court or an
278	278	appellate court or a judge thereof so orders.
279	279	Sec. 3. K.S.A. 2024 Supp. 60-1507 and 60-2102 are hereby repealed.
280	280	Sec. 4. This act shall take effect and be in force from and after its
281	281	publication in the statute book.
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