abating sentencing requirements; deceased defendants

Plain English Breakdown

Checked against official source text during the last sync.

HB2674: Ending Court Cases and Sentences When a Convicted Defendant Dies

This law requires courts to stop appeals when a convicted defendant dies and allows them to cancel most of that person's sentence, except for prison time or money owed.

What This Bill Does

• Requires courts to dismiss any pending appeal or postconviction proceeding if a convicted defendant dies.
• Allows courts to dismiss all requirements of the deceased defendant's sentence in most cases.
• States that death does not cancel the criminal conviction itself.

Who It Names or Affects

• Convicted defendants who die while their case is still on appeal or in postconviction proceedings
• Courts handling appeals or postconviction proceedings for deceased individuals

Terms To Know

Postconviction proceeding

A legal process that happens after a person has been convicted of a crime.

Dismiss

To officially end or cancel a court case, appeal, or sentence requirement.

Limits and Unknowns

• The law does not remove the criminal conviction from the defendant's record.
• Prison sentences remain in effect after death.
• Restitution, fines, and assessments imposed by the court are still required even if the person who owes them has died.

Official Summary Text

HB2674 - abating sentencing requirements; deceased defendants

Current Bill Text

HB2674 - 572R - I Ver

REFERENCE TITLE:
abating sentencing requirements; deceased defendants

State of Arizona

House of Representatives

Fifty-seventh Legislature

Second Regular Session

2026

HB 2674

Introduced by

Representatives
Hernandez C: Hernandez A, Hernandez L, Luna-N�jera, Volk

AN
ACT

amending section 13-106, Arizona Revised
Statutes; relating to criminal defendants.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 13-106, Arizona Revised
Statutes, is amended to read:

START_STATUTE
13-106.

Death of convicted defendant; dismissal of appellate and
postconviction proceedings and defendant's sentence

A. On a convicted defendant's death, the court
:

1.
Shall dismiss any pending
appeal or postconviction proceeding.

2. Except as provided in subsection B
of this section, may dismiss all requirements of the defendant's sentence.

B. A convicted defendant's death does not abate the
defendant's criminal conviction or
sentence of imprisonment or

any restitution, fine or assessment imposed by the sentencing court.
�
END_STATUTE