This 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 existing sections of K.S.A. 2024 Supp. 60-1507 and 60-2102, streamlining the legal framework for these cases. The changes aim to clarify the legal standards for habeas corpus motions and appeals, ensuring that only meritorious claims are considered while expediting the process for death-sentenced inmates.
Statutes affected: As introduced: 60-1507, 60-2102