| 1 | 1 | | |
|---|
| 2 | 2 | | |
|---|
| 3 | 3 | | - 82nd Session (2023) |
|---|
| 4 | 4 | | Senate Bill No. 401–Senators Flores; and Stone |
|---|
| 5 | 5 | | |
|---|
| 6 | 6 | | CHAPTER.......... |
|---|
| 7 | 7 | | |
|---|
| 8 | 8 | | AN ACT relating to civil actions; revising provisions relating to the |
|---|
| 9 | 9 | | circumstances under which punitive damages may be |
|---|
| 10 | 10 | | awarded in certain civil actions; and providing other matters |
|---|
| 11 | 11 | | properly relating thereto. |
|---|
| 12 | 12 | | Legislative Counsel’s Digest: |
|---|
| 13 | 13 | | Existing law authorizes the recovery of punitive damages in certain actions |
|---|
| 14 | 14 | | where the defendant caused an injury by the operation of a motor vehicle after |
|---|
| 15 | 15 | | willfully consuming or using alcohol or another substance, knowing that he or she |
|---|
| 16 | 16 | | would thereafter operate the motor vehicle. (NRS 42.010) Section 1 of this bill |
|---|
| 17 | 17 | | removes the requirement that, before consuming or using alcohol or another |
|---|
| 18 | 18 | | substance, the defendant knew that he or she would thereafter operate the motor |
|---|
| 19 | 19 | | vehicle. Section 2 of this bill provides that the provisions of this bill become |
|---|
| 20 | 20 | | effective and apply to all actions pending or filed on or after July 1, 2023, the |
|---|
| 21 | 21 | | effective date of this bill. |
|---|
| 22 | 22 | | |
|---|
| 23 | 23 | | EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. |
|---|
| 24 | 24 | | |
|---|
| 25 | 25 | | |
|---|
| 26 | 26 | | THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN |
|---|
| 27 | 27 | | SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: |
|---|
| 28 | 28 | | |
|---|
| 29 | 29 | | Section 1. NRS 42.010 is hereby amended to read as follows: |
|---|
| 30 | 30 | | 42.010 1. In an action for the breach of an obligation, where |
|---|
| 31 | 31 | | the defendant caused an injury by the operation of a motor vehicle |
|---|
| 32 | 32 | | in violation of NRS 484C.110, 484C.130 or 484C.430 after willfully |
|---|
| 33 | 33 | | consuming or using alcohol or another substance, [knowing that the |
|---|
| 34 | 34 | | defendant would thereafter operate the motor vehicle,] the plaintiff, |
|---|
| 35 | 35 | | in addition to the compensatory damages, may recover damages for |
|---|
| 36 | 36 | | the sake of example and by way of punishing the defendant. |
|---|
| 37 | 37 | | 2. The provisions of NRS 42.005 do not apply to any cause of |
|---|
| 38 | 38 | | action brought pursuant to this section. |
|---|
| 39 | 39 | | Sec. 2. The amendatory provisions of this act apply to all |
|---|
| 40 | 40 | | actions pending or filed on or after July 1, 2023. |
|---|
| 41 | 41 | | Sec. 3. This act becomes effective on July 1, 2023. |
|---|
| 42 | 42 | | |
|---|
| 43 | 43 | | 20 ~~~~~ 23 |
|---|
| 44 | 44 | | |
|---|
| 45 | 45 | | |
|---|
| 46 | 46 | | |
|---|