The bill amends existing Kansas law regarding habeas corpus procedures, specifically addressing the filing of second and successive motions by prisoners. It prohibits such motions unless they meet specific criteria, such as relying on a new rule of constitutional law or presenting new factual evidence that could not have been discovered earlier. Additionally, the bill establishes that claims of ineffective counsel cannot be grounds for relief in subsequent actions unless they completely hindered the prisoner's ability to appeal. The bill also mandates that appeals from motions filed by death-sentenced prisoners go directly to the supreme court.
Furthermore, the bill modifies the appeal process by allowing appeals as a matter of right from final decisions in habeas corpus actions for death-sentenced prisoners. It repeals previous sections of the law that are now superseded by these amendments. The changes aim to streamline the habeas corpus process, limit repetitive claims, and ensure that appeals are directed appropriately, particularly in cases involving the death penalty.
Statutes affected: As introduced: 60-1507, 60-2102