Kansas 2025-2026 Regular Session

Kansas Senate Bill SB60

Introduced
1/22/25  

Caption

Prohibiting second and successive motions and ineffective counsel claims in habeas corpus actions and providing for direct appeal to the supreme court in habeas corpus appeals filed by inmates sentenced to death.

Impact

The changes enacted by SB60 aim to streamline the process of habeas corpus appeals, particularly for inmates sentenced to death. By prohibiting successive motions, the bill seeks to reduce frivolous litigation and expedite judicial proceedings in capital cases. The implication of these reforms could lead to more finality in convictions, particularly in capital punishment cases, but may also raise concerns regarding the rights of inmates to pursue legitimate grievances regarding their convictions or representation.

Summary

Senate Bill 60 addresses civil procedures regarding habeas corpus in the state of Kansas. The primary focus of the bill is to limit the ability of inmates to file second and successive motions for relief under specific conditions. Under this legislation, a prisoner can only file subsequent motions if there is new constitutional law applied retroactively or if factual circumstances that could not have been previously discovered emerge. Moreover, claims of ineffective assistance of counsel during prior actions will not serve as grounds for relief unless they completely hindered the inmate's ability to appeal.

Contention

The bill has generated significant debate regarding the balance between efficiency in the judicial system and the rights of inmates to adequate legal recourse. Proponents argue that the limitations will prevent abuses of the legal system while ensuring that the courts are not overwhelmed by repetitive motions. Conversely, critics contend that such restrictions may deny inmates their fundamental rights to pursue justice, especially those who may have experienced genuine legal inadequacies. There is concern that these changes could disproportionately affect marginalized populations who may not have adequate access to legal representation.

Final_note

SB60 underscores a critical intersection of civil procedure and human rights, particularly in matters involving life and death. The legislation is poised to reshape the landscape of habeas corpus actions in Kansas, making it imperative for stakeholders to carefully consider the long-term impacts on both the justice system and the individuals it serves.

Companion Bills

No companion bills found.

Previously Filed As

KS HB2003

Establishing the veterans' valor property tax relief act providing for an income tax credit or refund for eligible individuals, modifying the definition of household income and increasing the appraised value threshold for eligibility of seniors and disabled veterans related to increased property tax claims and citing the section as the homeowners' property tax freeze program, providing property tax exemptions for certain personal property including watercraft, marine equipment, off-road vehicles, motorized bicycles and certain trailers, excluding internal revenue code section 1031 exchange transactions as indicators of fair market value, providing for certain exclusions from the prohibition of paying taxes under protest after a valuation notice appeal and providing four prior years' values on the annual valuation notice.

KS SB7

Authorizing federally licensed firearm dealers, in addition to county sheriffs, to receive applications for concealed carry licenses and forward such applications to the attorney general, prohibiting sheriffs from assessing any fee related to application services and allowing dealers to assess a fee related to application services not to exceed $20.

KS SB2

Eliminating the income limit to qualify for the subtraction modification exempting social security benefits, increasing the income tax credit amount for household and dependent care expenses, establishing the veterans' valor property tax relief act providing for an income tax credit or refund for eligible individuals, citing the increased property tax homestead refund claim section as the homeowners' property tax freeze program, decreasing the normal privilege tax rate, increasing the extent of property tax exemption for residential property from the statewide school levy, decreasing the rate of ad valorem tax imposed by a school district; providing for certain transfers to the state school district finance fund, reducing the state rate of tax on sales of food and food ingredients and modifying the percent credited to the state highway fund from revenue collected.

KS HB2001

Authorizing the secretary of commerce to enter into agreements with major professional sports franchises to establish STAR bond projects for a major professional sports complex, providing for additional revenue sources, expanding the powers and discretion of the secretary and making other changes to the STAR bonds financing act to facilitate such projects, limiting the secretary’s authority to approve such projects to one year unless extended by the legislative coordinating council, authorizing the Kansas development finance authority to issue STAR bonds for such projects, transferring funds under certain circumstances from the state gaming revenues fund to the attracting professional sports to Kansas fund for the fiscal year ending June 30, 2025, and, if approved by the legislative coordinating council, for the fiscal year ending June 30, 2026.

KS SB1

Modifying income tax rates for individuals, exempting all social security benefits from Kansas income tax, increasing the Kansas standard deduction and the Kansas personal exemption, increasing the income tax credit amount for household and dependent care expenses, decreasing the privilege tax normal tax, excluding internal revenue code section 1031 exchange transactions as indicators of fair market value for property tax valuation purposes, increasing the extent of property tax exemption for residential property from the statewide school levy, providing for certain transfers to the state school district finance fund and abolishing the local ad valorem tax reduction fund and the county and city revenue sharing fund.

KS SB6

Providing a sales tax exemption for sales of electricity to residential premises by municipally owned or operated utilities.

KS SB8

Exempting the sale of firearms, firearms accessories, ammunition, firearm safes and firearm safety devices from the retatilers' sales tax.

KS HR6002

Providing for assignment of seats in the House of Representatives for the 2024 special session of the Legislature.

KS SR1701

Providing for the organization of the Senate for the 2024 special session of the Legislature.

KS HR6001

Providing for the organization of the House of Representatives for the 2024 special session of the Legislature.

Similar Bills

No similar bills found.