AB 489 — Revises provisions relating to civil actions. (BDR 3-1141)

(Reprinted with amendments adopted on MayApril 21,18, 2025) SECONDFIRST REPRINT A.B.

489 A SSEMBLY B ILLNILL O.NO .

489–C489–COMMITTEE OMMITTEE ON JUDICIARY M ARCH 24, 2025 ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions relating to civil actions.

eliminating the statute of limitations for certain civil actions againstarising afrom natural person who is deemed to be a killerdeath orcaused theby personalhomicide; representative of the estate of such a killer;

(NRS 41.085) Section 1 of this bill revises the definition of “heir” to mean a person who, at the time such an action for damages is brought, would be entitled to succeed to the separatesepExisting propertylaw generally requires a civil action to recover damages for injuries to or the death of a person arising from the decedent.wrongful act or neglect of another person to be commenced not later than 2 years after the date on which the wrongful act or neglect occurred.

or(NRS the11.190) deathSections 1 and 2 of this bill authorize a personcivil arisingaction fromto therecover wrongfuldamages actfor orthe neglectdeath of anothera personodecedent to be commencedbrought notby laterthe thanheirs 2and yearsthe afterpersonal representatives of the datedecedent onat whichany thetime wrongfulupon acta orshowing neglectby occurred.a committed by a wrongdoer.

(NRSSection 11.190)3 Sections 1 and 2 of this bill authorizeprovides athat civil action to recover damages for the deathamendatory ofprovisions a decedent to be brought by the heirs and the personal representatives of thethis decedentbill atapply anyretroactively time against a natural person who is deemed to beany awrongful killeract of the decedent or theneglect personal representative of theanother estatecausing ofa billdeath applythat retroactivelywas to such a civilhomicide, action, 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-barred by the former statute of limitations is revived by this bill.

- *AB489_R2**AB489_R1* – 2 – THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

An action brought by the heirs of a decedent and the personal representatives of a decedent pursuant to subsection 2 may be commenced at any time againstupon a naturalshowing personby whoa ispreponderance deemedof toevidence bethat athe killerdeath of the decedent pursuantwas toa NRShomicide 41B.250committed orby 41B.260 or the personalwrongdoer. representative of the estate of such a killer.

Notwithstanding the provisions of NRS 41B.260 to the contrary, for the purposes of this subsection, a determination of at any time by a court or jury.

It is the intention of the Legislature to limit the application of this subsection to natural persons who are deemed to be killers.

Nothing in this subsection shall be construed to apply to an action premised on any form of vicarious liability.

An action brought by the heirs of a decedent pursuant to subsection 2 and the cause of action of that decedent brought or maintained by the decedent’s personal representatives which arose out of the same wrongful act or neglect may be joined.joined.which arose [4.] 5.

[4.]The 5.heirs may prove their respective damages in the action brought pursuant to subsection 2 and the court or jury may award each person pecuniary damages for the person’s grief or sorrow, loss of probable support, companionship, society, comfort and consortium, and damages for pain, suffering or disfigurement of the decedent.

The heirs may prove their respective damages in the action brought pursuant to subsection 2 and the court or jury may award each person pecuniary damages for the person’s grief or sorrow, loss of probable support, companionship, society, comfort - *AB489_R2* – 3 – and consortium, and damages for pain, suffering or disfigurement of the decedent.

- *AB489_R1* – 3 – (a) Any special damages, such as medical expenses, which the decedent incurred or sustained before the decedent’s death, and funeral expenses;

- *AB489_R2* – 4 – (b) An action for waste or trespass of real property, but when the waste or trespass is committed by means of underground works upon any mining claim, the cause of action shall be deemed to accrue upon the discovery by the aggrieved party of the facts constituting the waste or trespass.

(c) An action for taking, detaining or injuring personal property, including actions for specific recovery thereof, but in all cases - *AB489_R1* – 4 – 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 the time of its loss, and which strays or is stolen from the true owner without the owner’s fault, the statute does not begin to run 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.

(e) Except as otherwise provided in NRS 11.215 , [or] 11.217 [,] or 41.085, an action to recover damages for injuries to a person or - *AB489_R2* – 5 – for the death of a person caused by the wrongful act or neglect of another.

- *AB489_R1* – 5 – (a) An action against an officer, or officer de facto to recover goods, wares, merchandise or other property seized by the officer in his or her official capacity, as tax collector, or to recover the price or value of goods, wares, merchandise or other personal property so seized,to, orgoods, forwares, damagesmerchandise for the seizure, detention or saleother of,personal orproperty injuryseized, orjury for damages done to any person or property in making the seizure.orseizure. (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.

(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.

The amendatory provisions of this act apply retroactively to any civilwrongful actionact broughtor underneglect subsectionof 3another ofcausing NRSa 41.085,death asthat amendedwas bya sectionhomicide 1which occurred before the effective date of this act, regardless of any statute of limitations that was in effect at the time the wrongful act byor theneglect killerof occurred,another including,causing withouta limitation,death anythat civilwas actiona broughthomicide underoccurred, subsectionincluding, 3without oflimitation, NRSany 41.085,civil asaction amended by section 1 of this act, that would have been barred by the statute of limitations that was in effect before the effective date of this act.

H - *AB489_R2**AB489_R1*