- 82nd Session (2023)
Senate Bill No. 401–Senators Flores; and Stone
CHAPTER..........
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
where the defendant caused an injury by the operation of a motor vehicle after
willfully consuming or using alcohol or another substance, knowing that he or she
would thereafter operate the motor vehicle. (NRS 42.010) Section 1 of this bill
removes the requirement that, before consuming or using alcohol or another
substance, the defendant knew that he or she would thereafter operate the motor
vehicle. Section 2 of this bill provides that the provisions of this bill become
effective and apply to all actions pending or filed on or after July 1, 2023, the
effective date of this bill.
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
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:
42.010 1. In an action for the breach of an obligation, where
the defendant caused an injury by the operation of a motor vehicle
in violation of NRS 484C.110, 484C.130 or 484C.430 after willfully
consuming or using alcohol or another substance, [knowing that the
defendant would thereafter operate the motor vehicle,] the plaintiff,
in addition to the compensatory damages, may recover damages for
the sake of example and by way of punishing the defendant.
2. The provisions of NRS 42.005 do not apply to any cause of
action brought pursuant to this section.
Sec. 2. The amendatory provisions of this act apply to all
actions pending or filed on or after July 1, 2023.
Sec. 3. This act becomes effective on July 1, 2023.
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