[As Amended by House Committee of the
Whole]
As Amended by House Committee
Session of 2000
HOUSE BILL No. 2684
By Committee on Judiciary
1-20
12 AN ACT
concerning civil procedure; relating to habeas corpus; amend-
13 ing K.S.A. 60-1507 and
repealing the existing section.
14
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
2
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.