Session of 2025
SENATE BILL No. 60
By Committee on Judiciary
1-22
AN ACT concerning civil procedure; relating to habeas corpus; prohibiting
second and successive motions in certain circumstances; prohibiting
claims of ineffective counsel; providing appeals to the supreme court as
a matter of right in claims filed by inmates sentenced to death;
amending K.S.A. 2024 Supp. 60-1507 and 60-2102 and repealing the
existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 2024 Supp. 60-1507 is hereby amended to read as
follows: 60-1507. (a) Motion attacking sentence. A prisoner in custody
under sentence of a court of general jurisdiction claiming the right to be
released upon the ground that the sentence was imposed in violation of the
constitution or laws of the United States, or the constitution or laws of the
state of Kansas, or that the court was without jurisdiction to impose such
sentence, or that the sentence was in excess of the maximum authorized by
law, or is otherwise subject to collateral attack, may, pursuant to the time
limitations imposed by subsection (f), move the court which imposed the
sentence to vacate, set aside or correct the sentence.
(b) Hearing and judgment. Unless the motion and the files and
records of the case conclusively show that the prisoner is entitled to no
relief, the court shall cause notice thereof to be served upon the county
attorney, grant a prompt hearing thereon, determine the issues and make
findings of fact and conclusions of law with respect thereto. The court may
entertain and determine such motion without requiring the production of
the prisoner at the hearing. A motion filed by a prisoner who has been
sentenced to death shall be expedited. If the court finds that the judgment
was rendered without jurisdiction, or that the sentence imposed was not
authorized by law or is otherwise open to collateral attack, or that there has
been such a denial or infringement of the constitutional rights of the
prisoner as to render the judgment vulnerable to collateral attack, the court
shall vacate and set the judgment aside and shall discharge the prisoner or
resentence said such prisoner or grant a new trial or correct the sentence as
may appear appropriate.
(c) Second and successive motions. (1) The sentencing court shall not
be required to entertain a second or successive motion for similar relief on
behalf of the same prisoner consider a second or successive motion
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unless:
(A) The claim relies on a new rule of constitutional law that was
made retroactive by the supreme court or the United States supreme court
and applies to the prisoner's case; or
(B) the factual basis for the claim could not have been discovered
previously through the exercise of due diligence, and such facts, if proven
and viewed in light of the evidence as a whole, would be sufficient to
establish by clear and convincing evidence that, but for constitutional
error, no reasonable fact finder would have found the prisoner guilty of
the underlying offense.
(2) A second or successive motion shall not be filed while an appeal
is pending on a motion previously filed pursuant to this section or during
the time within which such an appeal may be perfected.
(3) A motion is a second motion if it raises issues that could have
been raised in a previous motion filed pursuant to this section. A motion is
successive if it raises issues previously raised in a motion filed pursuant to
this section.
(d) Appeal. An appeal may be taken to the appellate court as provided
by law from the order entered on the motion as from a final judgment on
application for a writ of habeas corpus. If an appeal is taken on a motion
filed by a prisoner who has been sentenced to death, such appeal shall be
taken directly to the supreme court.
(e) Exclusiveness of remedy. An application for a writ of habeas
corpus in on behalf of a prisoner who is authorized to apply for relief by
motion pursuant to this section, shall not be entertained if it appears that
the applicant has failed to apply for relief, by motion, to the court which
sentenced said such applicant, or that such court has denied said such
applicant relief, unless it also appears that the remedy by motion is
inadequate or ineffective to test the legality of said such applicant's
detention.
(f) Time limitations. (1) Any action under this section must be
brought within one year of:
(A) The final order of the last appellate court in this state to exercise
jurisdiction on a direct appeal or the termination of such appellate
jurisdiction;
(B) the denial of a petition for writ of certiorari to the United States
supreme court or issuance of such court's final order following granting
such petition; or
(C) when claiming error in a previous action filed pursuant to this
section, the decision of the district court denying a prior motion under this
section, the opinion of the last appellate court in this state to exercise
jurisdiction on such prior motion or the denial of the petition for review on
such prior motion, whichever is later.
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(2) The time limitation herein may be extended by the court only to
prevent a manifest injustice.
(A) For purposes of finding manifest injustice under this section, the
court's inquiry shall be limited to determining why the prisoner failed to
file the motion within the one-year time limitation or whether the prisoner
makes a colorable claim of actual innocence. As used herein, the term
actual innocence requires the prisoner to show it is more likely than not
that no reasonable juror would have convicted the prisoner in light of new
evidence.
(B) If the court makes a manifest-injustice finding, it must state the
factual and legal basis for such finding in writing with service to the
parties.
(3) If the court, upon its own inspection of the motions, files and
records of the case, determines the time limitations under this section have
been exceeded and that the dismissal of the motion would not equate with
manifest injustice, the district court must dismiss the motion as untimely
filed.
(g) The amendments made to subsection (f) by this act shall not bar
actions under this section that are brought within one year of the effective
date of this actIneffective counsel. Notwithstanding the provisions of
K.S.A. 22-4506 and 22-4522, and amendments thereto, the ineffectiveness
of counsel during a previous action brought by an inmate pursuant to this
section shall not be a ground for relief in a subsequent action brought
pursuant to this section unless such claim alleges that the ineffectiveness
of counsel completely foreclosed the prisoner's ability to appeal or seek
discretionary review by an appellate court.
Sec. 2. K.S.A. 2024 Supp. 60-2102 is hereby amended to read as
follows: 60-2102. (a) Appeal to court of appeals as matter of right. Except
for any order or final decision of a district magistrate judge who is not
regularly admitted to practice law in Kansas, the appellate jurisdiction of
the court of appeals may be invoked by appeal as a matter of right from:
(1) An order that discharges, vacates or modifies a provisional
remedy.
(2) An order that grants, continues, modifies, refuses or dissolves an
injunction, or an order that grants or refuses relief in the form of
mandamus, quo warranto or habeas corpus.
(3) An order that appoints a receiver or refuses to wind up a
receivership or to take steps to accomplish the purposes thereof, such as
directing sales or other disposal of property, or an order involving the tax
or revenue laws, the title to real estate, the constitution of this state or the
constitution, laws or treaties of the United States.
(4) A final decision in any action, except in an action where a direct
appeal to the supreme court is required by law. In any appeal or cross
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appeal from a final decision, any act or ruling from the beginning of the
proceedings shall be reviewable.
(b) Appeal to supreme court as matter of right. The appellate
jurisdiction of the supreme court may be invoked by appeal as a matter of
right from:
(1) A preliminary or final decision in which a statute of this state has
been held unconstitutional as a violation of Article 6 of the constitution of
the state of Kansas pursuant to K.S.A. 72-5633, and amendments thereto.
Any appeal filed pursuant to this subsection (b)(1) shall be filed within 30
days of the date the preliminary or final decision is filed.
(2) A final decision of the district court in any action challenging the
constitutionality of or arising out of any provision of the Kansas expanded
lottery act, any lottery gaming facility management contract or any
racetrack gaming facility management contract entered into pursuant to the
Kansas expanded lottery act.
(3) A final decision of the district court in any habeas corpus action
filed pursuant to K.S.A. 60-1507, and amendments thereto, by a prisoner
who has been sentenced to death.
(c) Other appeals. When a district judge, or a district magistrate
judge who is regularly admitted to practice law in Kansas, in making in a
civil action an order not otherwise appealable under this section, is of the
opinion that such order involves a controlling question of law as to which
there is substantial ground for difference of opinion and that an immediate
appeal from the order may materially advance the ultimate termination of
the litigation, the judge shall so state in writing in such order. The court of
appeals may thereupon, in its discretion, permit an appeal to be taken from
such order, if application is made to it within 14 days after the entry of the
order under such terms and conditions as the supreme court fixes by rule.
Application for an appeal pursuant to this subsection shall not stay
proceedings in the district court unless the judge of the district court or an
appellate court or a judge thereof so orders.
Sec. 3. K.S.A. 2024 Supp. 60-1507 and 60-2102 are hereby repealed.
Sec. 4. This act shall take effect and be in force from and after its
publication in the statute book.
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