SB 129 — Revises provisions relating to certain civil actions involving sexual assault. (BDR 2-573)

S.B.Senate Bill No.

129129–Senators SENATEKrasner, BSpearman, ILLNSeevers O.Gansert, Buck, Titus;

129–SENATORSDondero KRASNERLoop, ,Hansen, PEARMAND. , SEEVERS G ANSERT , BUCK , ITUS;

ANDHarris, SCHEIBLELange, FOhrenschall, EBRUARYPazina, 9,Scheible 2023and ____________Stone JOINTJoint SPONSORSSponsors: :

ASSEMBLYWOMENAssemblywomen BBilbray-Axelrod, ILBRAYThomas; -AXELROD , THOMAS ;AND K ASAMA ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions relating to certain civil actions involving sexual assault.

(BDRand 2-573)Kasama FISCALCHAPTER.......... 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.

In general, existing law requires a civil action to recover damages for injuries arising from the wrongful act of another person to be commenced within 2 years after the date on which the wrongful act occurred.

(NRS 11.190) Existing lawlawrs exempts certain civil actions from this requirement, including a civil action to recover damages for sexual abuse or sexual exploitation, if the sexual abuse or exploitation occurred when the plaintiff was less than 18 years of age.

For purposes Therefore,of underthis exemption, existing law,law adefines civilsexual actionabuse to recoverinclude damages for a sexual assaultassault. that occurred when the plaintiff was less than 18 years of age may be commenced at any time after the sexual assault occurred.

Therefore, under existing law, a civil action to recover damages for a sexual assault at any time after the sexual assault occurred.

age or older may be commenced at any time Section 3 of this bill provides that the changes in this bill apply retroactively to any act constituting sexual assault that occurred when the plaintiff was 18 years of age or older for which a person would be liable, even if the statute of limitations - *SB129* – 2 – that was in effect at the time of the act has expired, which means that a civil action that would otherwise be time-barred by the former statute of limitations is revived by this bill.

EXPLANATION – Matter in bolded italics is new;

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

In such an - 82nd Session (2023) – 2 – action, if the alleged injury to the plaintiff is the result of a series of two or more acts constituting sexual assault, the plaintiff is not required to identify which specific act in the series of acts caused the alleged injury.

ascribed to it in NRS 200.366.n, “sexual assault” has the meaning Sec.

As used in this section, “sexual assault” has the meaning ascribed to it in NRS 200.366.

Sec.

2.

(d) Except as otherwise provided in NRS 11.245, an action against a person alleged to have committed a deceptive trade practice in violation of NRS 598.0903 to 598.0999, inclusive, but the cause of action shall be deemed to accrue when the aggrievedaggrievedt party discovers, or by the exercise of due diligence should have discovered, the facts constituting the deceptive trade practice.

- *SB129* – 3 – 3.

(c) An action for taking, detaining or injuring personal property, including actions for specific recovery thereof, but in all cases where the subject of the action is a domestic animal usually included in the term “livestock,” which has a recorded mark or brand upon it at- the82nd timeSession of(2023) its– loss,3 and– which strays or is stolen from the true owner without the owner’s fault, the statute does not begin to runrunue against an action for the recovery of the animal until the owner has actual knowledge of such facts as would put a reasonable person upon inquiry as to the possession thereof by the defendant.

(a) An action against a sheriff, coroner or constable upon liability incurred by acting in his or her official capacity and in virtue of his or her office, or by the omission of an official duty, including the nonpayment of money collected upon an execution.

The provisions of this paragraph relating to an action to - *SB129* – 4 – recover damages for injuries to a person apply only to causes of act(f) An action whichto accruerecover afterdamages Marchunder 20,NRS 1951.41.740.

(f) An action to recover damages under NRS 41.740.

- 82nd Session (2023) – 4 – (b) An action against an officer, or officer de facto for money paid to the officer under protest, or seized by the officer in his or her official capacity, as a collector of taxes, and which, it is claimed, ought to be refunded.

retroactively to any act constituting sexual assault as defined inapply section 1 of this act that occurred before the effective date of this act, regardless of any statute of limitations that was in effect at the time the act constituting sexual assault occurred, including, without limitation, any civil action that would have been barred by the statute of limitations that was in effect before the effective date of this act.

3.

The amendatory provisions of this act apply retroactively to any act constituting sexual assault as defined in section 1 of this act that occurred before the effective date of this act, regardless of any statute of limitations that was in effect at the time the act constituting sexual assault occurred, including, without limitation, any civil action that would have been barred by the statute of limitations that was in effect before the effective date of this act.

Sec.

H~~~~~ 23 - *SB129*82nd Session (2023)