SB 203 — Revises provisions relating to civil actions involving certain sexual offenses. (BDR 2-577)

(ReprintedSenate withBill amendmentsNo. adopted on April 19, 2021) FIRST REPRINT S.B.

203203–Senators SDondero ENATELoop; BILL N O.

203–SENATORSCannizzaro, DDonate, ONDEROD. L OOP ;

ANNIZZAROHarris, ,Neal, DOhrenschall, ONATERatti, ,Scheible D.and Spearman Joint Sponsor:

HAssemblywoman ARRIS,Krasner NCHAPTER.......... EAL, O HRENSCHALL , R ATTI , SCHEIBLE AND S PEARMAN M ARCH 9, 2021 ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions relating to civil actions involving certain sexual offenses.

(BDR 2-577) 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.

LegislativeLegiExisting Counsel’slaw Digest:provides that a civil action to recover damages for sexual abuse that occurred when the plaintiff was less than 18 years of age must be commenced within 20 years after either of the following occurs, whichever is later:

Existing law provides that a civil action to recover damages for sexual abuse that occurred when the plaintiff was less than 18 years of age must be commenced within 20 years after either of the following occurs, whichever is later:

or (2) the plaintiff discovers or reasonably should 11.215)have Existingdiscovered law also provides that ahis civilor actionher toinjury recoverwas damagescaused for injuries suffered by a victim of pornography involving minors must be commenced within 20 years after either of the followingsexual occurs,abuse. whichever is later:

Existing law also provides that a civil action to recover damages for injuries suffered by a victim of pornography involving minors must be commenced within 20 years after either of the following occurs, whichever is later:

(NRS 11.215) Section 1 of this bill eliminates the statute of limitations for a civil action to recover damages for:

(1) sexual abuse or sexual exploitation if the sexual abuse or sexualecover damages exploitation occurred when the plaintiff was less than 18 years of age;

and (2)Existing(2) lawinjuries providessuffered thatby a criminalvictim conviction of apornography defendantinvolving forminors. the injury alleged in a civil action is conclusive evidence of all facts necessary to impose civil liability on the defendant.

(NRSExisting 41.133)law Section 2 of this bill provides that if a plaintiffcriminal isconviction the victim of sexual abuse or exploitation, a persondefendant hasfor been convicted of a crime arising out of such sexual abuse or exploitation and the plaintiffinjury commencesalleged in a civil action againstis aconclusive personevidence other than the person convicted of theall conclusivefacts evidencenecessary into theimpose civil actionliability thaton the persondefendant. sexually abused or exploited the plaintiff.

(NRS 41.133) Section 2 alsoof this bill provides that if a personplaintiff is liablethe tovictim aof plaintiffsexual forabuse damagesor ifsexual theexploitation, a person knowinglyhas benefitsbeen fromconvicted of a venturecrime thatarising out of such sexual abuse or sexual exploitation and the plaintiff commences a civil action against a person knewother orthan shouldthe haveperson knownconvicted hasis engagedconclusive evidence in sexualthe abusecivil action that the person sexually abused or exploitationsexually ofexploited anotherthe person.plaintiff.

-Section *SB203_R1* – 2 –also Finally, section 2 provides that if a person who is liable to a plaintiff knowinglyfor participateddamages inif andthe gainedperson aknowingly benefitbenefits from ora coveredventure upthat the sexualperson abuseknew or exploitationshould ofhave theknown plaintiff,has theengaged personin issexual liableabuse foror treblesexual damages.exploitation of another person.

TheFinally, statutesection of2 limSectionprovides 3that ofif thisa billperson makeswho conformingis changesliable byto removinga referencesplaintiff toknowingly thectionparticipated 1.in and gained a benefit from or covered up the sexual abuse or sexual exploitation of the plaintiff, the person is liable for treble damages.

statutesThe statute of limitations thatfor werebringing eliminateda bycivil thisaction bill.pursuant to section 2 is set forth in section 1.

statutes of limitations that were eliminated by this bill.oving references to the Section 4 of this bill provides that the changes in this bill apply retroactively to any act constituting sexual abuse or sexual exploitation, any act relating to pornography and a minor and any act described in section 2 for which a person would be liable even if the statute of limitations that was in effect at the time of the act has expired, which means that a civil action that would otherwise be time-barredtime- barred by the formerexpired,former statute of limitations is revived by this bill.

- 81st Session (2021) – 2 – EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

[Except as otherwise provided in subsection 2 and NRS 217.007, an] An action to recover damages for an injury to a person arising from the sexual abuse or sexual exploitation of the plaintiff which occurred when the plaintiff was less than 18 years of age [must] may be commenced [within 20 years after the plaintiff:

or (b) Discovers or reasonably should have discovered that his or her injury was caused by the sexual abuse,  whichever occurs later.] atagainst anythe timealleged afterperpetrator or person convicted of the sexual abuse or sexual exploitation of the occurred.

In such an action, if the alleged injury to the plaintiff is the result of a series of two or more acts constituting sexual abuse or sexual exploitation, the plaintiff is not required to identify which specific act in the series of acts caused the alleged injury.

or (b) The]The at any time after the victim reaches the age of 18 years.years.] at any time.

UnlessAn the provisions of subsection 1 apply, an action to recover damages pursuant to section 2 of this act must be commenced within 3020 years after:after the plaintiff reaches years of age.

(a) The sexual abuse or exploitation occurred;

or (b) The plaintiff discovers or reasonably should have discovered that his or her injury was caused by sexual abuse or exploitation,  whichever occurs later.

As used in this section,section “sexual[, [abuse”“sexual] has: the meaning ascribed to it] abuse or exploitation” means unwanted sexual - *SB203_R1* – 3 – contact and includes, without limitation, sexual abuse as defined in NRS 432B.100 [.] and sexual exploitation as defined in NRS 432B.110.

(a) “Sexual abuse” has the meaning ascribed to it in NRS 432B.100.

(b) “Sexual exploitation” has the meaning ascribed to it in NRS 432B.110.

If a plaintiff is the victim of sexual abuse or sexual exploitation, a person has been convicted of a crime arising out of such sexual abuse or sexual exploitation of the plaintiff and the plaintiff commences a civil action against a person other than the person convicted of the crime, then the judgment of conviction ofofe the person convicted of the crime is conclusive evidence in the civil - 81st Session (2021) – 3 – action that the person convicted of the crime sexually abused or sexually exploited the plaintiff.

A person is liable to a plaintiff for damages if the person knowingly benefits, financially or by receiving anything of value, from participation in a venture which that person knew or should have known has engaged in sexual abuse ororat person sexual exploitation of another person.

A person who is liable to a plaintiff under subsection 2 and who knowingly participated in and gained a benefit from or covered up the sexual abuse or sexual exploitation of the plaintiff is liable to the plaintiff for treble damages.