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
of a court of general jurisdiction claiming the right to be
the ground that the sentence was imposed in violation of the
or laws of the United States, or the constitution or laws of the
Kansas, or that the court was without jurisdiction to impose such
tence, or that the sentence was in excess of the maximum authorized
law, or is otherwise subject to collateral attack, may
any time, pursuant
to the time limitations imposed by subsection (f), move the
imposed the sentence to vacate, set aside or correct the
(b) Hearing and judgment. Unless
the motion and the files and re-
cords of the case conclusively show that the prisoner is entitled
relief, the court shall cause notice thereof to be served upon the
attorney, grant a prompt hearing thereon, determine the issues and
findings of fact and conclusions of law with respect thereto. The
may entertain and determine such motion without requiring the
tion of the prisoner at the hearing. If the court finds that the
was rendered without jurisdiction, or that the sentence imposed was
authorized by law or is otherwise open to collateral attack, or
has been such a denial or infringement of the constitutional rights
prisoner as to render the judgment vulnerable to collateral attack,
court shall vacate and set the judgment aside and shall discharge
prisoner or resentence said prisoner or grant a new trial or
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
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
pursuant to this section, shall not be entertained if it appears
applicant has failed to apply for relief, by motion, to the court
sentenced said applicant, or that such court has denied said
relief, unless it also appears that the remedy by motion is
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
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, 2003.