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KS SB60

Bill

Status

Introduced

1/22/2025

Primary Sponsor

Judiciary

Click for details

Origin

Senate

2025-2026 Regular Session

AI Summary

  • Sentencing courts prohibited from considering second or successive habeas corpus motions under K.S.A. 60-1507 unless the claim relies on a new retroactive constitutional rule or presents newly discovered facts that establish by clear and convincing evidence no reasonable fact finder would have found the prisoner guilty

  • Second or successive motions cannot be filed while an appeal on a previous motion is pending or during the appeal window

  • Ineffective assistance of counsel during a previous habeas action cannot serve as grounds for relief in a subsequent action unless the ineffectiveness completely foreclosed the prisoner's ability to appeal or seek discretionary review

  • Death row inmates filing habeas corpus motions under K.S.A. 60-1507 receive expedited hearings and direct appeals to the Kansas Supreme Court as a matter of right, bypassing the Court of Appeals

  • Amends K.S.A. 2024 Supp. 60-1507 and 60-2102, taking effect upon publication in the statute book

Legislative Description

Prohibiting second and successive motions and ineffective counsel claims in habeas corpus actions and providing for direct appeal to the supreme court in habeas corpus appeals filed by inmates sentenced to death.

Last Action

Senate Hearing: Wednesday, February 5, 2025, 10:30 AM Room 346-S

2/5/2025

Committee Referrals

Judiciary1/23/2025

Full Bill Text

No bill text available