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 9  AN ACT concerning criminal procedure; relating to appointment of coun-
10    sel to persons in custody after felony conviction; amending K.S.A. 22-
11    4506 and K.S.A. 1996 Supp. 22-4503 and repealing the existing
12    sections.
13
14  Be it enacted by the Legislature of the State of Kansas:
15    Section 1.  K.S.A. 1996 Supp. 22-4503 is hereby amended to read as
16  follows: 22-4503. (a) A defendant charged by the state of Kansas in a
17  complaint, information or indictment with any felony is entitled to have
18  the assistance of counsel at every stage of the proceedings against such
19  defendant and a defendant in an extradition proceeding, or a habeas cor-
20  pus proceeding pursuant to K.S.A. 22-2710 and amendments thereto, is
21  entitled to have assistance of counsel at such proceeding. A person subject
22  to an order or commitment pursuant to K.S.A. 22-3428 or K.S.A. 1996
23  Supp. 59-2965 and amendments thereto, shall be entitled to the assistance
24  of counsel at every stage of a habeas corpus proceeding brought by such
25  person and the provisions of this section relating to defendants shall be
26  applicable to such persons. A person who files a petition for habeas corpus
27  after conviction in which conditions of confinement are exclusively at issue
28  shall not be appointed counsel as provided in subsection (c). The state
29  board of indigents' defense services shall not compensate any counsel who
30  provides services for such person in such proceeding.
31    (b)  If such a defendant appears before any court without counsel to
32  assist and conduct the defendant's defense, it shall be the duty of the
33  court to inform the defendant that such defendant is entitled to counsel
34  and that counsel will be appointed to represent the defendant if the de-
35  fendant is not financially able to employ an attorney. The court shall give
36  the defendant an opportunity to employ counsel of the defendant's own
37  choosing if the defendant states the defendant is able to do so. If the
38  defendant asks to consult with counsel of the defendant's own choosing,
39  the defendant shall be given a reasonable opportunity to do so.
40    (c)  If it is determined that the defendant is not able to employ coun-
41  sel, as provided in K.S.A. 22-4504 and amendments thereto, the court
42  shall appoint an attorney from the panel for indigents' defense services
43  or otherwise in accordance with the applicable system for providing legal
SB 255
                                     

 1  defense services for indigent persons prescribed by the state board of
 2  indigents' defense services for the county or judicial district. A record of
 3  the proceedings provided for by this section shall be entered in the jour-
 4  nal, and any order binding the defendant for trial or directing further
 5  detention upon the charge and the journal entry of trial and judgment
 6  shall recite the substance of such proceedings.
 7    (d)  Counsel employed by or appointed for the defendant shall have
 8  free access to the defendant at all times for the purpose of conferring
 9  with the defendant relative to the charge, for advising the defendant re-
10  specting the defendant's plea and for the preparation of the defense, if a
11  defense is to be made. It is the duty of an attorney appointed by the court
12  to represent a defendant, without charge to such defendant, to inform
13  the defendant fully of the crime charged against the defendant and the
14  penalty therefor, and in all respects fully and fairly to represent the de-
15  fendant in the action.
16    (e)  If, after the attorney's appointment, the attorney learns that the
17  defendant has funds or other resources sufficient to enable the defendant
18  to employ counsel, the attorney shall report these facts to the court and
19  ask permission to withdraw from the case or to be permitted to accept
20  compensation for services.
21    Sec. 2.  K.S.A. 22-4506 is hereby amended to read as follows: 22-
22  4506. (a) Whenever any person who is in custody under a sentence of
23  imprisonment upon conviction of a felony files a petition for writ of ha-
24  beas corpus or a motion attacking sentence under K.S.A. 60-1507 and
25  files with such petition or motion such person's affidavit stating that the
26  petition or motion is filed in good faith and that such person is financially
27  unable to pay the costs of such action and to employ counsel therefor,
28  the court shall make a preliminary examination of the petition or motion
29  and the supporting papers.
30    (b)  If the court finds that the petition or motion presents substantial
31  questions of law or triable issues of fact and if the petitioner or movant
32  has been or is thereafter determined to be an indigent person as provided
33  in K.S.A. 22-4504 and amendments thereto, the court shall appoint coun-
34  sel from the panel for indigents' defense services or otherwise in accor-
35  dance with the applicable system for providing legal defense services for
36  indigent persons prescribed by the state board of indigents' defense serv-
37  ices, to assist such person and authorize the action to be filed without a
38  deposit of security for costs. If the petition or motion in such case raises
39  questions shown by the trial record, the court shall order that the peti-
40  tioner or movant be supplied with a transcript of the trial proceedings,
41  or so much thereof as may be necessary to present the issue, without cost
42  to such person. A person who files a petition for habeas corpus after
43  conviction in which conditions of confinement are exclusively at issue shall
SB 255
                                     

 1  not be appointed counsel as provided in this subsection. The state board
 2  of indigents' defense services shall not compensate any counsel who pro-
 3  vides services for such person in such proceeding.
 4    (c)  If an appeal is taken in such action and if the trial court finds that
 5  the petitioner or movant is an indigent person, if required in the interest
 6  of justice, the trial court shall appoint counsel to conduct the appeal, order
 7  that the appellant be supplied with a record of the proceedings or so
 8  much thereof as such counsel determines to be necessary and order that
 9  the deposit of security for costs be waived.
10    Sec. 3.  K.S.A. 22-4506 and K.S.A. 1996 Supp. 22-4503 are hereby
11  repealed.
12    Sec. 4.  This act shall take effect and be in force from and after its
13  publication in the statute book.