Bill Summary – FastDemocracy

Division of the Budget
Landon State Office Building                                                                          Phone: (785) 296-2436
900 SW Jackson Street, Room 504                                                                       larry.campbell@ks.gov
Topeka, KS 66612                                Division of the Budget                               http://budget.kansas.gov
Adam Proffitt, Director                                                                             Laura Kelly, Governor

                                                   February 5, 2021

        The Honorable Russell Jennings, Chairperson
        House Committee on Corrections and Juvenile Justice
        Statehouse, Room 151B-S
        Topeka, Kansas 66612
        Dear Representative Jennings:
                  SUBJECT:        Fiscal Note for HB 2190 by House Committee on Corrections and Juvenile
                                  Justice
                In accordance with KSA 75-3715a, the following fiscal note concerning HB 2190 is
        respectfully submitted to your committee.
                HB 2190 would clarify what is considered a successive habeas corpus motion. The bill would
        clarify that a motion is successive if it raises issues previously raised or issues that could have been
        raised in the first motion. Also, the bill states that a successive motion would have to be brought
        within one year of the district court denying the first motion, the opinion of the last Kansas appellate
        court to exercise jurisdiction, or the denial of a petition for review, whichever is latest. When a prior
        motion is on appeal, or during the time an appeal could be perfected, successive motions would not
        be filed.
                For the purposes of finding manifest injustice, the bill specifies evidence would not be
        considered in successive motions if the prisoner previously based a claim on the evidence but failed
        to present the evidence in support or withdrew the prior claim.
                The Office of Judicial Administration states enactment of the bill would have a negligible
        fiscal effect on the operations of the Judicial Branch. The Kansas Sentencing Commission indicates
        enactment of the bill would have no effect on prison admissions or beds. The Department of
        Corrections states that the bill’s enactment would have a negligible fiscal effect on agency operations.
        Any fiscal effect associated with HB 2190 is not reflected in The FY 2022 Governor’s Budget Report.

                                                              Sincerely,

                                                              Adam Proffitt
                                                              Director of the Budget
        cc: Debbie Thomas, Judiciary
            Randy Bowman, Corrections
            Scott Schultz, Sentencing Commission
Statutes affected: 
As introduced: 60-1507