abating sentencing requirements; deceased defendants

Plain English Breakdown

The bill does not specify what happens to restitution, fines, and assessments imposed by the court after a defendant's death.

Abating Sentencing Requirements for Deceased Defendants

This bill changes how courts handle sentences and proceedings when a convicted defendant dies.

What This Bill Does

• Removes the requirement that all parts of a sentence must be carried out after a convicted person's death, except for restitution, fines, and assessments imposed by the court.
• Allows the court to dismiss any pending appeals or postconviction proceedings if the defendant has died.

Who It Names or Affects

• Courts that handle criminal cases
• Convicted defendants who have passed away

Terms To Know

Appeal

A request to a higher court to review and change the decision of a lower court.

Postconviction proceeding

Legal actions taken after a conviction, such as appeals or motions for new trials.

Limits and Unknowns

• The bill does not specify what happens to restitution, fines, and assessments imposed by the court.
• It is unclear how this change will affect ongoing cases when defendants pass away.

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