AB489 - Revises provisions relating to civil actions. (BDR 3-1141)

(Reprinted with amendments adopted on May 21, 2025) SECOND REPRINT A.B. 489 - *AB489_R2* ASSEMBLY BILL NO. 489–COMMITTEE ON JUDICIARY MARCH 24, 2025 ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions relating to civil actions. (BDR 3-1141) FISCAL NOTE: Effect on Local Government: No. Effect on the State: No. ~ EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. AN ACT relating to civil actions; revising the term “heir” for certain purposes relating to civil actions; eliminating the statute of limitations for certain civil actions against a natural person who is deemed to be a killer or the personal representative of the estate of such a killer; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law, for the purposes of allowing an heir to maintain an action for 1 damages for a death caused by the wrongful act or neglect of another person, 2 defines the term “heir” to mean a person who would be entitled to succeed to the 3 separate property of a decedent if the decedent had died intestate. (NRS 41.085) 4 Section 1 of this bill revises the definition of “heir” to mean a person who, at the 5 time such an action for damages is brought, would be entitled to succeed to the 6 separate property of the decedent. 7 Existing law generally requires a civil action to recover damages for injuries to 8 or the death of a person arising from the wrongful act or neglect of another person 9 to be commenced not later than 2 years after the date on which the wrongful act or 10 neglect occurred. (NRS 11.190) Sections 1 and 2 of this bill authorize a civil action 11 to recover damages for the death of a decedent to be brought by the heirs and the 12 personal representatives of the decedent at any time against a natural person who is 13 deemed to be a killer of the decedent or the personal representative of the estate of 14 such a killer. Section 3 of this bill provides that the amendatory provisions of this 15 bill apply retroactively to such a civil action, even if the statute of limitations that 16 was in effect at the time of the act has expired, which means that a civil action that 17 would otherwise be time-barred by the former statute of limitations is revived by 18 this bill. 19 – 2 – - *AB489_R2* THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. NRS 41.085 is hereby amended to read as follows: 1 41.085 1. As used in this section, “heir” means a person who, 2 under the laws of this State, at the time an action is brought 3 pursuant to subsection 2, would be entitled to succeed to the 4 separate property of the decedent if the decedent had died intestate. 5 The term does not include a person who is deemed to be a killer of 6 the decedent pursuant to chapter 41B of NRS, and such a person 7 shall be deemed to have predeceased the decedent as set forth in 8 NRS 41B.330. 9 2. When the death of any person, whether or not a minor, is 10 caused by the wrongful act or neglect of another, the heirs of the 11 decedent and the personal representatives of the decedent may each 12 maintain an action for damages against the person who caused the 13 death, or if the wrongdoer is dead, against the wrongdoer’s personal 14 representatives, whether the wrongdoer died before or after the 15 death of the person injured by the wrongdoer. If any other person is 16 responsible for the wrongful act or neglect, or if the wrongdoer is 17 employed by another person who is responsible for the wrongdoer’s 18 conduct, the action may be maintained against that other person, or 19 if the other person is dead, against the other person’s personal 20 representatives. 21 3. An action brought by the heirs of a decedent and the 22 personal representatives of a decedent pursuant to subsection 2 23 may be commenced at any time against a natural person who is 24 deemed to be a killer of the decedent pursuant to NRS 41B.250 or 25 41B.260 or the personal representative of the estate of such a 26 killer. Notwithstanding the provisions of NRS 41B.260 to the 27 contrary, for the purposes of this subsection, a determination of 28 whether a culpable actor is the killer of the decedent may be made 29 at any time by a court or jury. It is the intention of the Legislature 30 to limit the application of this subsection to natural persons who 31 are deemed to be killers. Nothing in this subsection shall be 32 construed to apply to an action premised on any form of vicarious 33 liability. 34 4. An action brought by the heirs of a decedent pursuant to 35 subsection 2 and the cause of action of that decedent brought or 36 maintained by the decedent’s personal representatives which arose 37 out of the same wrongful act or neglect may be joined. 38 [4.] 5. The heirs may prove their respective damages in the 39 action brought pursuant to subsection 2 and the court or jury may 40 award each person pecuniary damages for the person’s grief or 41 sorrow, loss of probable support, companionship, society, comfort 42 – 3 – - *AB489_R2* and consortium, and damages for pain, suffering or disfigurement of 1 the decedent. The proceeds of any judgment for damages awarded 2 under this subsection are not liable for any debt of the decedent. 3 [5.] 6. The damages recoverable by the personal 4 representatives of a decedent on behalf of the decedent’s estate 5 include: 6 (a) Any special damages, such as medical expenses, which the 7 decedent incurred or sustained before the decedent’s death, and 8 funeral expenses; and 9 (b) Any penalties, including, but not limited to, exemplary or 10 punitive damages, that the decedent would have recovered if the 11 decedent had lived, 12  but do not include damages for pain, suffering or disfigurement 13 of the decedent. The proceeds of any judgment for damages 14 awarded under this subsection are liable for the debts of the 15 decedent unless exempted by law. 16 Sec. 2. NRS 11.190 is hereby amended to read as follows: 17 11.190 Except as otherwise provided in NRS 40.4639, 18 125B.050 and 217.007, actions other than those for the recovery of 19 real property, unless further limited by specific statute, may only be 20 commenced as follows: 21 1. Within 6 years: 22 (a) Except as otherwise provided in NRS 62B.420 and 176.275, 23 an action upon a judgment or decree of any court of the United 24 States, or of any state or territory within the United States, or the 25 renewal thereof. 26 (b) An action upon a contract, obligation or liability founded 27 upon an instrument in writing, except those mentioned in the 28 preceding sections of this chapter. 29 2. Within 4 years: 30 (a) An action on an open account for goods, wares and 31 merchandise sold and delivered. 32 (b) An action for any article charged on an account in a store. 33 (c) An action upon a contract, obligation or liability not founded 34 upon an instrument in writing. 35 (d) Except as otherwise provided in NRS 11.245, an action 36 against a person alleged to have committed a deceptive trade 37 practice in violation of NRS 598.0903 to 598.0999, inclusive, but 38 the cause of action shall be deemed to accrue when the aggrieved 39 party discovers, or by the exercise of due diligence should have 40 discovered, the facts constituting the deceptive trade practice. 41 3. Within 3 years: 42 (a) An action upon a liability created by statute, other than a 43 penalty or forfeiture. 44 – 4 – - *AB489_R2* (b) An action for waste or trespass of real property, but when the 1 waste or trespass is committed by means of underground works 2 upon any mining claim, the cause of action shall be deemed to 3 accrue upon the discovery by the aggrieved party of the facts 4 constituting the waste or trespass. 5 (c) An action for taking, detaining or injuring personal property, 6 including actions for specific recovery thereof, but in all cases 7 where the subject of the action is a domestic animal usually included 8 in the term “livestock,” which has a recorded mark or brand upon it 9 at the time of its loss, and which strays or is stolen from the true 10 owner without the owner’s fault, the statute does not begin to run 11 against an action for the recovery of the animal until the owner has 12 actual knowledge of such facts as would put a reasonable person 13 upon inquiry as to the possession thereof by the defendant. 14 (d) Except as otherwise provided in NRS 112.230 and 166.170, 15 an action for relief on the ground of fraud or mistake, but the cause 16 of action in such a case shall be deemed to accrue upon the 17 discovery by the aggrieved party of the facts constituting the fraud 18 or mistake. 19 (e) An action pursuant to NRS 40.750 for damages sustained by 20 a financial institution or other lender because of its reliance on 21 certain fraudulent conduct of a borrower, but the cause of action in 22 such a case shall be deemed to accrue upon the discovery by the 23 financial institution or other lender of the facts constituting the 24 concealment or false statement. 25 (f) An action pursuant to NRS 41.1335, but the cause of action 26 shall be deemed to accrue upon the discovery by the aggrieved party 27 of the facts constituting fertility fraud or of any medical or genetic 28 disorder which results from the human reproductive material 29 implanted in, used on or provided to a patient in violation of NRS 30 200.975, whichever occurs later. 31 4. Within 2 years: 32 (a) An action against a sheriff, coroner or constable upon 33 liability incurred by acting in his or her official capacity and in 34 virtue of his or her office, or by the omission of an official duty, 35 including the nonpayment of money collected upon an execution. 36 (b) An action upon a statute for a penalty or forfeiture, where the 37 action is given to a person or the State, or both, except when the 38 statute imposing it prescribes a different limitation. 39 (c) An action for libel, slander, assault, battery, false 40 imprisonment or seduction. 41 (d) An action against a sheriff or other officer for the escape of a 42 prisoner arrested or imprisoned on civil process. 43 (e) Except as otherwise provided in NRS 11.215 , [or] 11.217 [,] 44 or 41.085, an action to recover damages for injuries to a person or 45 – 5 – - *AB489_R2* for the death of a person caused by the wrongful act or neglect of 1 another. The provisions of this paragraph relating to an action to 2 recover damages for injuries to a person apply only to causes of 3 action which accrue after March 20, 1951. 4 (f) An action to recover damages under NRS 41.740. 5 5. Within 1 year: 6 (a) An action against an officer, or officer de facto to recover 7 goods, wares, merchandise or other property seized by the officer in 8 his or her official capacity, as tax collector, or to recover the price or 9 value of goods, wares, merchandise or other personal property so 10 seized, or for damages for the seizure, detention or sale of, or injury 11 to, goods, wares, merchandise or other personal property seized, or 12 for damages done to any person or property in making the seizure. 13 (b) An action against an officer, or officer de facto for money 14 paid to the officer under protest, or seized by the officer in his or her 15 official capacity, as a collector of taxes, and which, it is claimed, 16 ought to be refunded. 17 Sec. 3. The amendatory provisions of this act apply 18 retroactively to any civil action brought under subsection 3 of NRS 19 41.085, as amended by section 1 of this act, regardless of any statute 20 of limitations that was in effect at the time the wrongful act by the 21 killer occurred, including, without limitation, any civil action 22 brought under subsection 3 of NRS 41.085, as amended by section 1 23 of this act, that would have been barred by the statute of limitations 24 that was in effect before the effective date of this act. 25 Sec. 4. This act becomes effective upon passage and approval. 26 H