Session of 1998
By Committee on Judiciary
            9             AN ACT concerning crimes, criminal procedure and punishment; relating
10             to limitation of actions; motions attacking sentence; amending K.S.A.
11             60-514 and 60-1507 and repealing the existing sections.
13       Be it enacted by the Legislature of the State of Kansas:
14           Section 1. K.S.A. 60-514 is hereby amended to read as follows: 60-
15       514. The following actions shall be brought within one year:
16           (a) An action for libel or slander.
17           (b) An action for assault, battery, malicious prosecution, or false im-
18       prisonment.
19           (c) An action upon statutory penalty or forfeiture.
20           (d) An action brought pursuant to K.S.A. 43-173. Such action shall
21       be brought within one year from the date of discharge or threat of dis-
22       charge from employment.
23           (e) An action brought pursuant to K.S.A. 60-1507 and amendments
24       thereto. Such action shall be brought within one year from the date on
25       which the judgment of conviction becomes final.
26           Sec. 2. K.S.A. 60-1507 is hereby amended to read as follows: 60-
27       1507. (a) Motion attacking sentence. A prisoner in custody under sentence
28       of a court of general jurisdiction claiming the right to be released upon
29       the ground that the sentence was imposed in violation of the constitution
30       or laws of the United States, or the constitution or laws of the state of
31       Kansas, or that the court was without jurisdiction to impose such sen-
32       tence, or that the sentence was in excess of the maximum authorized by
33       law, or is otherwise subject to collateral attack, may   at any time within
34       one year from the date on which the judgment of conviction becomes final
35       move the court which imposed the sentence to vacate, set aside or correct
36       the sentence.
37           (b) Hearing and judgment. Unless the motion and the files and
38       records of the case conclusively show that the prisoner is entitled to no
39       relief, the court shall cause notice thereof to be served upon the county
40       attorney, grant a prompt hearing thereon, determine the issues and make
41       findings of fact and conclusions of law with respect thereto. The court
42       may entertain and determine such motion without requiring the produc-
43       tion of the prisoner at the hearing. If the court finds that the judgment

SB 600


  1       was rendered without jurisdiction, or that the sentence imposed was not
  2       authorized by law or is otherwise open to collateral attack, or that there
  3       has been such a denial or infringement of the constitutional rights of the
  4       prisoner as to render the judgment vulnerable to collateral attack, the
  5       court shall vacate and set the judgment aside and shall discharge the
  6       prisoner or resentence   said such prisoner or grant a new trial or correct
  7       the sentence as may appear appropriate.
  8           (c) Successive motions. The sentencing court shall not be required to
  9       entertain a second or successive motion for similar relief on behalf of the
10       same prisoner.
11           (d) Appeal. An appeal may be taken to the appellate court as provided
12       by law from the order entered on the motion as from a final judgment
13       on application for a writ of habeas corpus.
14           (e) Exclusiveness of remedy. An application for a writ of habeas cor-
15       pus in behalf of a prisoner who is authorized to apply for relief by motion
16       pursuant to this section, shall not be entertained if it appears that the
17       applicant has failed to apply for relief, by motion, to the court which
18       sentenced   said such applicant, or that such court has denied   said such
19       applicant relief, unless it also appears that the remedy by motion is in-
20       adequate or ineffective to test the legality of   said such applicant's deten-
21       tion.
22           Sec. 3. K.S.A. 60-514 and 60-1507 are hereby repealed.
23           Sec. 4. This act shall take effect and be in force from and after its
24       publication in the statute book.