Session of 1999
SENATE BILL No. 180
By Committee on Judiciary
2-1
9 AN ACT concerning crimes, criminal procedure and punishment; relat-
10 ing to limitation of actions; motions attacking sentence; amending
11 K.S.A. 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
18 imprisonment.
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 re-
38 cords 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
44 was rendered without jurisdiction, or that the sentence imposed was not
45 authorized by law or is otherwise open to collateral attack, or that there
46 has been such a denial or infringement of the constitutional rights of the
47 prisoner as to render the judgment vulnerable to collateral attack, the
48 court shall vacate and set the judgment aside and shall discharge the
49 prisoner or resentence said such prisoner or grant a new trial or correct
50 the sentence as may appear appropriate.
51 (c) Successive motions. The sentencing court shall not be required to
52 entertain a second or successive motion for similar relief on behalf of the
53 same prisoner.
54 (d) Appeal. An appeal may be taken to the appellate court as provided
55 by law from the order entered on the motion as from a final judgment
56 on application for a writ of habeas corpus.
57 (e) Exclusiveness of remedy. An application for a writ of habeas cor-
58 pus in behalf of a prisoner who is authorized to apply for relief by motion
59 pursuant to this section, shall not be entertained if it appears that the
60 applicant has failed to apply for relief, by motion, to the court which
61 sentenced said such applicant, or that such court has denied said such
62 applicant relief, unless it also appears that the remedy by motion is in-
63 adequate or ineffective to test the legality of said such applicant's
64 detention.
65 Sec. 3. K.S.A. 60-514 and 60-1507 are hereby repealed.
66 Sec. 4. This act shall take effect and be in force from and after its
67 publication in the statute book.