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Session of 2000
          HOUSE BILL No. 2906           By Committee on Judiciary           2-8          

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  9             AN  ACT concerning the court of appeals; relating to the jurisdiction
10             thereof; amending K.S.A. 22-3601, 60-2102, 77-623 and 77-627 and
11             repealing the existing sections.
12      
13       Be it enacted by the Legislature of the State of Kansas:
14             Section  1. K.S.A. 22-3601 is hereby amended to read as follows: 22-
15       3601. (a) Any appeal permitted to be taken from a final judgment of a
16       district court in a criminal case shall be taken to the court of appeals,
17       except in those cases reviewable by law in the district court and those
18       cases where a direct appeal to the supreme court is required. Whenever
19       an interlocutory appeal is permitted in a criminal case in the district court,
20       such appeal shall be taken to the court of appeals.
21             (b) Any appeal permitted to be taken from a final judgment of a
22       district court in a criminal case shall be taken directly to the supreme
23       court in the following cases:
24             (1) Any case in which the defendant has been convicted of a class A
25       felony or in which a maximum sentence of life imprisonment has been
26       imposed or for crimes committed on or after July 1, 1993, any case in
27       which the defendant has been convicted of an off-grid crime; and
28             (2) any case in which a statute of this state or of the United States
29       has been held unconstitutional.
30             (c) Any appeal from an order revoking probation shall be governed
31       by K.S.A. 60-2102, and amendments thereto.
32             Sec.  2. K.S.A. 60-2102 is hereby amended to read as follows: 60-
33       2102. (a) As of right. Except for any order or final decision of a district
34       magistrate judge, the appellate jurisdiction of the court of appeals may
35       be invoked by appeal as a matter of right from:
36             (1) An order that discharges, vacates or modifies a provisional
37       remedy.
38             (2) An order that grants, continues, modifies, refuses or dissolves an
39       injunction, or an order that grants or refuses relief in the form of man-
40       damus, quo warranto or habeas corpus.
41             (3) An order that appoints a receiver or refuses to wind up a receiv-
42       ership or to take steps to accomplish the purposes thereof, such as di-
43       recting sales or other disposal of property, or an order involving the tax

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  1       or revenue laws, the title to real estate, the constitution of this state or
  2       the constitution, laws or treaties of the United States.
  3             (4) A final decision in any action not specified in subsection (b), except
  4       in an action where a direct appeal to the supreme court is required by
  5       law. In any appeal or cross appeal from a final decision, any act or ruling
  6       from the beginning of the proceedings shall be reviewable.
  7             (b) Discretionary appeal. The court of appeals, in its discretion, may
  8       permit an appeal to be taken and review decisions in the following actions:
  9             (1) Administrative actions reviewed under the act for judicial review
10       and civil enforcement of agency actions, K.S.A. 77-601 et seq., and amend-
11       ments thereto, except in an administrative action where a direct appeal
12       to the court of appeals is required by law.
13             (2) Judgments or orders in domestic relation actions including, but
14       not limited to, granting or refusing to grant a divorce, temporary or per-
15       manent separate maintenance, awarding or refusing to change child cus-
16       tody, or holding or refusing to hold persons in contempt of such separate
17       maintenance or child custody judgment or orders.
18             (3) An order revoking probation.
19             (4) Any action where damages are equal to or less than $10,000.
20             (5) Orders granting or denying temporary restraining orders.
21             (6) Decisions of the district magistrate judge where the district court
22       has determined the appeal de novo, except a decision where a direct ap-
23       peal to the court of appeals is required by law.
24             (b) (c) Other appeals. When a district judge, in making in a civil action
25       an order not otherwise appealable under this section, is of the opinion
26       that such order involves a controlling question of law as to which there is
27       substantial ground for difference of opinion and that an immediate appeal
28       from the order may materially advance the ultimate termination of the
29       litigation, the judge shall so state in writing in such order. The court of
30       appeals may thereupon, in its discretion, permit an appeal to be taken
31       from such order, if application is made to it within 10 days after the entry
32       of the order under such terms and conditions as the supreme court fixes
33       by rule. Application for an appeal hereunder shall not stay proceedings
34       in the district court unless the district judge or an appellate court or a
35       judge thereof so orders.
36             Sec.  3. K.S.A. 77-623 is hereby amended to read as follows: 77-623.
37       Decisions on petitions for judicial review of agency action are reviewable
38       by the appellate courts as in other civil cases provided in K.S.A. 60-2102,
39       and amendments thereto.
40             Sec.  4. K.S.A. 77-627 is hereby amended to read as follows: 77-627.
41       Decisions on petitions for civil enforcement are reviewable by the ap-
42       pellate courts as in other civil cases provided in K.S.A. 60-2102, and
43       amendments thereto. 

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  1       Sec.  5. K.S.A. 22-3601, 60-2102, 77-623 and 77-627 are hereby
  2       repealed.
  3        Sec.  6. This act shall take effect and be in force from and after its
  4       publication in the statute book.