SENATE BILL No. 206
Section 1. K.S.A. 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 sen-
tence, or that the sentence was in excess of the maximum authorized by
law, or is otherwise subject to collateral attack, may at any time, 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 re-
cords 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 produc-
tion of the prisoner at the hearing. 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 prisoner or grant a new trial or correct the
sentence as may appear appropriate.
(c) Successive motions. The sentencing court shall not be required to
entertain a second or successive motion for similar relief on behalf of the
(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.
(e) Exclusiveness of remedy. An application for a writ of habeas cor-
pus in 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 applicant, or that such court has denied said applicant
relief, unless it also appears that the remedy by motion is inadequate or
ineffective to test the legality of said applicant's detention.
(f) Time limitations. (1) Any action under this section must be brought
within one year of: (i) 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; or (ii) 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.
(2) The time limitation herein may be extended by the court only to
prevent a manifest injustice.
Sec. 2. K.S.A. 60-1507 is hereby repealed.
Sec. 3. This act shall take effect and be in force from and after its
publication in the statute book.
Approved April 14, 2002.
Date Composed: 10/29/2003 Date Modified: 10/29/2003