[As Amended by House Committee of the Whole]

As Amended by House Committee
Session of 2000
By Committee on Judiciary

12             AN  ACT concerning civil procedure; relating to habeas corpus; amend-
13             ing K.S.A. 60-1507 and repealing the existing section.
15       Be it enacted by the Legislature of the State of Kansas:
16             Section  1. K.S.A. 60-1507 is hereby amended to read as follows: 60-
17       1507. (a) Motion attacking sentence. Subject to the provisions of subsec-
18       tion (f), a prisoner in custody under sentence of a court of general juris-
19       diction claiming the right to be released upon the ground that the
20       sentence was imposed in violation of the constitution or laws of the United
21       States, or the constitution or laws of the state of Kansas, or that the court
22       was without jurisdiction to impose such sentence, or that the sentence
23       was in excess of the maximum authorized by law, or is otherwise subject
24       to collateral attack, may at any time move the court which imposed the
25       sentence to vacate, set aside or correct the sentence.
26             (b) Hearing and judgment. Unless the motion and the files and re-
27       cords of the case conclusively show that the prisoner is entitled to no
28       relief, the court shall cause notice thereof to be served upon the county
29       or district attorney, grant a prompt hearing thereon, determine the issues
30       and make findings of fact and conclusions of law with respect thereto.
31       The court may entertain and determine such motion without requiring
32       the production of the prisoner at the hearing. If the court finds that the
33       judgment was rendered without jurisdiction, or that the sentence imposed
34       was not authorized by law or is otherwise open to collateral attack, or that
35       there has been such a denial or infringement of the constitutional rights
36       of the prisoner as to render the judgment vulnerable to collateral attack,
37       the court shall vacate and set the judgment aside and shall discharge the
38       prisoner or resentence said such prisoner or grant a new trial or correct
39       the sentence as may appear appropriate.
40             (c) Successive motions. The sentencing court shall not be required to
41       entertain a second or successive motion for similar relief on behalf of the
42       same prisoner.
43             (d) Appeal. An appeal may be taken to the appellate court as provided


  1       by law from the order entered on the motion as from a final judgment
  2       on application for a writ of habeas corpus.
  3             (e) Exclusiveness of remedy. An application for a writ of habeas cor-
  4       pus in behalf of a prisoner who is authorized to apply for relief by motion
  5       pursuant to this section, shall not be entertained if it appears that the
  6       applicant has failed to apply for relief, by motion, to the court which
  7       sentenced said such applicant, or that such court has denied said such
  8       applicant relief, unless it also appears that the remedy by motion is in-
  9       adequate or ineffective to test the legality of said such applicant's
10       detention.
11             (f) Time limitations. (a) [(1)] Any action under this section must be
12       brought within one year of the final order of the last appellate court in
13       this state or the United States supreme court to exercise or deny ju-
14       risdiction on a direct appeal or from the termination of such appellate
15       jurisdiction, or the entry of judgment of guilt by a district court, which-
16       ever is later.
17        (b) [(2)] The limitation herein shall be extended only to prevent
18       a manifest injustice. 
19       Sec.  2. K.S.A. 60-1507 is hereby repealed.
20        Sec.  3. This act shall take effect and be in force from and after its
21       publication in the statute book.