S.B. 401
- *SB401*
SENATE BILL NO. 401–SENATOR FLORES
MARCH 27, 2023
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Referred to Committee on Judiciary
SUMMARY—Revises provisions relating to punitive damages.
(BDR 3-686)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State: No.
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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to civil actions; revising provisions relating to the
circumstances under which punitive damages may be
awarded in certain civil actions; and providing other
matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law authorizes the recovery of punitive damages in certain actions 1
where the defendant caused an injury by the operation of a motor vehicle after 2
willfully consuming or using alcohol or another substance, knowing that he or she 3
would thereafter operate the motor vehicle. (NRS 42.010) Section 1 of this bill 4
removes the requirement that, before consuming or using alcohol or another 5
substance, the defendant knew that he or she would thereafter operate the motor 6
vehicle. Section 2 of this bill provides that the provisions of this bill become 7
effective and apply to all actions pending or filed on or after July 1, 2023, the 8
effective date of this bill. 9
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 42.010 is hereby amended to read as follows: 1
42.010 1. In an action for the breach of an obligation, where 2
the defendant caused an injury by the operation of a motor vehicle 3
in violation of NRS 484C.110, 484C.130 or 484C.430 after willfully 4
consuming or using alcohol or another substance, [knowing that the 5
defendant would thereafter operate the motor vehicle,] the plaintiff, 6
in addition to the compensatory damages, may recover damages for 7
the sake of example and by way of punishing the defendant. 8
– 2 –
- *SB401*
2. The provisions of NRS 42.005 do not apply to any cause of 1
action brought pursuant to this section. 2
Sec. 2. The amendatory provisions of this act apply to all 3
actions pending or filed on or after July 1, 2023. 4
Sec. 3. This act becomes effective on July 1, 2023. 5
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