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HB 2241

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2025 Regular Session Introduced by Cyndi Munson

HB 2241 restricts second/successive habeas motions, narrows ineffective-counsel claims, and speeds death-penalty habeas appeals directly to the Kansas Supreme Court.

Second Reading referred to Rules
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Bill Summary · HB 2241

Summary — HB 2241 (2025) — Habeas corpus: limits on second/successive motions; ineffective-counsel claims; direct appeal for death sentences

Status and sponsors
- Bill number: HB 2241 (Introduced January 29, 2025; Referred to House Committee on Judiciary)
- Requested by Garrett Henson on behalf of the Kansas Attorney General
- Amends K.S.A. 2024 Supp. 60-1507 and 60-2102 (and repeals existing sections)

Purpose / intent
- To restrict repetitive habeas corpus litigation by limiting when courts must consider second or successive post-conviction motions, to narrow the circumstances in which ineffective-assistance-of-counsel claims can be used in successive proceedings, and to provide that death-penalty habeas appeals go directly to the Kansas Supreme Court and be expedited.

Key provisions
1. Restrictions on second or successive motions (amend K.S.A. 60-1507)
- A sentencing court is not required to entertain a second or successive habeas motion unless:
- (A) The claim relies on a new rule of constitutional law that has been made retroactive by the Kansas Supreme Court or the U.S. Supreme Court and applies to the prisoner’s case; or
- (B) The factual basis for the claim could not have been discovered earlier through due diligence, and those facts — if proven and considered with the whole record — would establish by clear and convincing evidence that, but for the constitutional error, no reasonable fact finder would have found the prisoner guilty.
- Defines when a motion is “second” (raises issues that could have been raised earlier) or “successive” (raises issues already raised).

  1. Filing limitations while appeals pending

    • A second or successive motion may not be filed while an appeal on a prior §60-1507 motion is pending or while the time to perfect that appeal remains open.

  2. Ineffective-assistance-of-counsel claims

    • Ineffectiveness of counsel in a prior §60-1507 action cannot be the basis for relief in a subsequent §60-1507 action, except where the claim alleges the prior counsel’s ineffectiveness “completely foreclosed” the prisoner’s ability to appeal or seek discretionary review.

  3. Time limits and “manifest injustice” exception

    • New/clarified one-year filing clock for §60-1507 actions measured from the last final direct-appeal order, denial of certiorari, or specified post-conviction decision milestones.
    • Court may extend the one-year limit only to prevent “manifest injustice.” The court’s inquiry is limited to why the prisoner failed to file timely or whether there is a colorable claim of actual innocence (defined as “more likely than not no reasonable juror would have convicted” in light of new evidence). If time limits are exceeded and dismissal would not be manifest injustice, the court must dismiss as untimely.

  4. Death-penalty cases — expedited processing and direct appeal

    • A habeas motion filed by a prisoner sentenced to death must be expedited.
    • Appeals from §60-1507 orders filed by death-sentenced inmates are taken directly to the Kansas Supreme Court as a matter of right (amending appellate-routing provisions in K.S.A. 60-2102).

Fiscal impact
- Division of the Budget (fiscal note dated Feb. 5, 2025): enactment would have a negligible fiscal effect on the Office of Judicial Administration and could be absorbed within existing resources. No fiscal impact included in the FY 2026 Governor’s Budget Report.

Who is affected
- Prisoners in Kansas seeking post-conviction relief under K.S.A. §60-1507, particularly those seeking second/successive motions.
- Defendants sentenced to death (receive expedited hearings and direct appeal to KS Supreme Court).
- Courts (district and appellate), prosecuting attorneys, public defenders and private counsel handling post-conviction litigation.

Procedural/timing notes
- Introduced Jan. 29, 2025; referred to House Committee on Judiciary.
- Changes amend statutory post-conviction procedure and appellate routing; adoption would immediately alter standards for filing/timing of habeas claims and appeals for death-penalty cases.

Compiled from official sources — confirm details with the bill’s official record.

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