Session Law

Identifying Information:L. 2003 ch. 065
Other Identifying Information:2003 Senate Bill 206
Tax Type:Other
Brief Description:An Act concerning civil procedure; relating to habeas corpus; amending K.S.A. 60-1507 and repealing the existing section.
Keywords:


Body:

CHAPTER 65

SENATE BILL No. 206


An Act concerning civil procedure; relating to habeas corpus; amending K.S.A. 60-1507

and repealing the existing section.

Be it enacted by the Legislature of the State of Kansas:

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

same prisoner.

(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.


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Date Composed: 10/29/2003 Date Modified: 10/29/2003