Brief (1)
HB 2684 would limit the time frame for an application for a writ of habeas corpus to within one year from the final order of the last appellate court on a direct appeal or from the termination of appellate jurisdiction or the entry of judgement of guilt by the district court, whichever is later. An exception to the restriction would be a showing that the restriction would impose a manifest injustice.
Background
Support for the bill was expressed by the Geary County Attorney and the Johnson County District Attorney.
The fiscal note indicates there would be an increase in the number of petitions filed in a short time. The number of appeals filed in response to denials would also be filed. Estimates indicate that the increase in expenditures would fall within a range of 10.0 to 20.0 percent. A 10.0 percent increase would result in additional expenditures of $4,590 at the trial court level and $15,000 at the appellate court level, for a total of $19,590. A 20.0 percent increase from the passage of this bill would result in additional expenditures of $9,180 at the trial court level and $30,000 at the appellate court level, for a total of $39,180. The additional expenditures, should this bill pass, would be in addition to amounts included in the Governor's budget.
1. *Supplemental notes are prepared by the Legislative Research Department and do not express legislative intent. The supplemental note and fiscal note for this bill may be accessed on the Internet at http://www.ink.org/public/legislative/bill_search.html