Session of 1998
SENATE BILL No. 600
By Committee on Judiciary
2-5
9
AN ACT concerning crimes, criminal procedure
and punishment; relating
10 to limitation of
actions; motions attacking sentence; amending K.S.A.
11 60-514 and 60-1507 and
repealing the existing sections.
12
13 Be it enacted by the Legislature of the
State of Kansas:
14 Section 1. K.S.A.
60-514 is hereby amended to read as follows: 60-
15 514. The following actions shall be brought
within one year:
16 (a) An action for libel
or slander.
17 (b) An action for
assault, battery, malicious prosecution, or false im-
18 prisonment.
19 (c) An action upon
statutory penalty or forfeiture.
20 (d) An action brought
pursuant to K.S.A. 43-173. Such action shall
21 be brought within one year from the date of
discharge or threat of dis-
22 charge from employment.
23 (e) An action brought
pursuant to K.S.A. 60-1507 and amendments
24 thereto. Such action shall be brought
within one year from the date on
25 which the judgment of conviction becomes
final.
26 Sec. 2. K.S.A.
60-1507 is hereby amended to read as follows: 60-
27 1507. (a) Motion attacking sentence.
A prisoner in custody under sentence
28 of a court of general jurisdiction claiming
the right to be released upon
29 the ground that the sentence was imposed in
violation of the constitution
30 or laws of the United States, or the
constitution or laws of the state of
31 Kansas, or that the court was without
jurisdiction to impose such sen-
32 tence, or that the sentence was in excess
of the maximum authorized by
33 law, or is otherwise subject to collateral
attack, may at any time
within
34 one year from the date on which the
judgment of conviction becomes final
35 move the court which imposed the sentence
to vacate, set aside or correct
36 the sentence.
37 (b) Hearing and
judgment. Unless the motion and the files and
38 records of the case conclusively show that
the prisoner is entitled to no
39 relief, the court shall cause notice
thereof to be served upon the county
40 attorney, grant a prompt hearing thereon,
determine the issues and make
41 findings of fact and conclusions of law
with respect thereto. The court
42 may entertain and determine such motion
without requiring the produc-
43 tion of the prisoner at the hearing. If the
court finds that the judgment
SB 600
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1 was rendered without jurisdiction, or
that the sentence imposed was not
2 authorized by law or is otherwise
open to collateral attack, or that there
3 has been such a denial or
infringement of the constitutional rights of the
4 prisoner as to render the judgment
vulnerable to collateral attack, the
5 court shall vacate and set the
judgment aside and shall discharge the
6 prisoner or resentence
said such prisoner or grant a
new trial or correct
7 the sentence as may appear
appropriate.
8 (c) Successive
motions. The sentencing court shall not be required to
9 entertain a second or successive
motion for similar relief on behalf of the
10 same prisoner.
11 (d) Appeal. An
appeal may be taken to the appellate court as provided
12 by law from the order entered on the motion
as from a final judgment
13 on application for a writ of habeas
corpus.
14 (e) Exclusiveness of
remedy. An application for a writ of habeas cor-
15 pus in behalf of a prisoner who is
authorized to apply for relief by motion
16 pursuant to this section, shall not be
entertained if it appears that the
17 applicant has failed to apply for relief,
by motion, to the court which
18 sentenced said
such applicant, or that such court has denied
said such
19 applicant relief, unless it also appears
that the remedy by motion is in-
20 adequate or ineffective to test the
legality of said such
applicant's deten-
21 tion.
22 Sec. 3. K.S.A.
60-514 and 60-1507 are hereby repealed.
23 Sec. 4. This act
shall take effect and be in force from and after its
24 publication in the statute book.
25