Prohibiting second and successive motions and ineffective counsel claims in habeas corpus actions and providing for direct appeal to the supreme court in habeas corpus appeals filed by inmates sentenced to death.
Impact
The changes enacted by SB60 aim to streamline the process of habeas corpus appeals, particularly for inmates sentenced to death. By prohibiting successive motions, the bill seeks to reduce frivolous litigation and expedite judicial proceedings in capital cases. The implication of these reforms could lead to more finality in convictions, particularly in capital punishment cases, but may also raise concerns regarding the rights of inmates to pursue legitimate grievances regarding their convictions or representation.
Summary
Senate Bill 60 addresses civil procedures regarding habeas corpus in the state of Kansas. The primary focus of the bill is to limit the ability of inmates to file second and successive motions for relief under specific conditions. Under this legislation, a prisoner can only file subsequent motions if there is new constitutional law applied retroactively or if factual circumstances that could not have been previously discovered emerge. Moreover, claims of ineffective assistance of counsel during prior actions will not serve as grounds for relief unless they completely hindered the inmate's ability to appeal.
Contention
The bill has generated significant debate regarding the balance between efficiency in the judicial system and the rights of inmates to adequate legal recourse. Proponents argue that the limitations will prevent abuses of the legal system while ensuring that the courts are not overwhelmed by repetitive motions. Conversely, critics contend that such restrictions may deny inmates their fundamental rights to pursue justice, especially those who may have experienced genuine legal inadequacies. There is concern that these changes could disproportionately affect marginalized populations who may not have adequate access to legal representation.
Final_note
SB60 underscores a critical intersection of civil procedure and human rights, particularly in matters involving life and death. The legislation is poised to reshape the landscape of habeas corpus actions in Kansas, making it imperative for stakeholders to carefully consider the long-term impacts on both the justice system and the individuals it serves.
Requiring the clerk of the appellate courts to publish monthly a list of cases of the supreme court and court of appeals in which a decision has not been entered and filed within six months of submission and a list of cases in which a petition for review has not been granted or denied within six months of submission.
Providing for payment of interest in civil actions for wrongful conviction and directing the attorney general to seek damages for the state from any person who knowingly contributed to the wrongful conviction and prosecute ouster and criminal proceedings as warranted.
Modifying how certain prior convictions are counted for the special sentencing rule related to possession of a controlled substance and providing concurrent or consecutive sentencing for persons convicted of new crimes while on release for a felony.
Permitting a prosecution for childhood sexual abuse to be commenced at any time, extending the time to file civil actions for recovery of damages caused by childhood sexual abuse and providing exceptions in the Kansas tort claims act for claims arising from such abuse.
Providing countywide retailers' sales tax authority for Dickinson and Grant counties, providing for a sales tax exemption for area agencies on aging and purchases made by Kansas suicide prevention HQ, inc., providing that the secretary of revenue file a release of warrant in the county where such warrant is docketed, granting authority to the director of property valuation to develop qualifying courses and providing that certain tax notices and statements may be transmitted by electronic means by the county treasurer and county appraiser if consented to by the taxpayer.
Modifying criminal sentencing rules applicable in multiple conviction cases where consecutive sentences may be imposed by the sentencing judge and the sentence for the primary crime is a nonprison sentence.
Senate Substitute for HB 2127 by Committee on Judiciary - Permitting a prosecution for childhood sexual abuse to be commenced at any time, extending the time to file civil actions against an individual perpetrator or an entity for recovery of damages caused by childhood sexual abuse and providing exceptions in the Kansas tort claims act for claims arising from such abuse.
Senate Substitute for HB 2070 by Committee on Judiciary - Establishing the office of the child advocate as an independent state agency, making orders granting custody for adoption subject to the federal Indian child welfare act, directing the secretary for children and families to consider foster parents as prospective adoptive parents in certain circumstances and authorizing appeal of any order of placement of a child.
Creates new $100 assessment for convictions of certain sexual offenses to fund counseling for victims and their families; establishes Sexual Offender Victim Counseling Fund.