A.B. 489
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ASSEMBLY BILL NO. 489–COMMITTEE ON JUDICIARY
MARCH 24, 2025
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Referred to Committee on Judiciary
SUMMARY—Revises provisions relating to civil actions.
(BDR 3-1141)
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 the term “heir” for certain
purposes relating to civil actions; eliminating the statute
of limitations for certain civil actions arising from a death
caused by homicide; and providing other matters properly
relating thereto.
Legislative Counsel’s Digest:
Existing law, for the purposes of allowing an heir to maintain an action for 1
damages for a death caused by the wrongful act or neglect of another person, 2
defines the term “heir” to mean a person who would be entitled to succeed to the 3
separate property of a decedent if the decedent had died intestate. (NRS 41.085) 4
Section 1 of this bill revises the definition of “heir” to mean a person who, at the 5
time such an action for damages is brought, would be entitled to succeed to the 6
separate property of the decedent. 7
Existing law generally requires a civil action to recover damages for injuries to 8
or the death of a person arising from the wrongful act or neglect of another person 9
to be commenced not later than 2 years after the date on which the wrongful act or 10
neglect occurred. (NRS 11.190) Sections 1 and 2 of this bill authorize a civil action 11
to recover damages for the death of a decedent to be brought by the heirs and the 12
personal representatives of the decedent at any time upon a showing by a 13
preponderance of evidence that the death of the decedent was a homicide 14
committed by a wrongdoer. Section 3 of this bill provides that the amendatory 15
provisions of this bill apply retroactively to any cause of action to recover damages 16
for death caused by homicide that accrues before, on or after the effective date of 17
this bill. 18
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THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 41.085 is hereby amended to read as follows: 1
41.085 1. As used in this section, “heir” means a person who, 2
under the laws of this State, at the time an action is brought 3
pursuant to subsection 2, would be entitled to succeed to the 4
separate property of the decedent if the decedent had died intestate. 5
The term does not include a person who is deemed to be a killer of 6
the decedent pursuant to chapter 41B of NRS, and such a person 7
shall be deemed to have predeceased the decedent as set forth in 8
NRS 41B.330. 9
2. When the death of any person, whether or not a minor, is 10
caused by the wrongful act or neglect of another, the heirs of the 11
decedent and the personal representatives of the decedent may each 12
maintain an action for damages against the person who caused the 13
death, or if the wrongdoer is dead, against the wrongdoer’s personal 14
representatives, whether the wrongdoer died before or after the 15
death of the person injured by the wrongdoer. If any other person is 16
responsible for the wrongful act or neglect, or if the wrongdoer is 17
employed by another person who is responsible for the wrongdoer’s 18
conduct, the action may be maintained against that other person, or 19
if the other person is dead, against the other person’s personal 20
representatives. 21
3. An action brought by the heirs of a decedent and the 22
personal representatives of a decedent pursuant to subsection 2 23
may be commenced at any time upon a showing by a 24
preponderance of evidence that the death of the decedent was a 25
homicide committed by the wrongdoer. 26
4. An action brought by the heirs of a decedent pursuant to 27
subsection 2 and the cause of action of that decedent brought or 28
maintained by the decedent’s personal representatives which arose 29
out of the same wrongful act or neglect may be joined. 30
[4.] 5. The heirs may prove their respective damages in the 31
action brought pursuant to subsection 2 and the court or jury may 32
award each person pecuniary damages for the person’s grief or 33
sorrow, loss of probable support, companionship, society, comfort 34
and consortium, and damages for pain, suffering or disfigurement of 35
the decedent. The proceeds of any judgment for damages awarded 36
under this subsection are not liable for any debt of the decedent. 37
[5.] 6. The damages recoverable by the personal 38
representatives of a decedent on behalf of the decedent’s estate 39
include: 40
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(a) Any special damages, such as medical expenses, which the 1
decedent incurred or sustained before the decedent’s death, and 2
funeral expenses; and 3
(b) Any penalties, including, but not limited to, exemplary or 4
punitive damages, that the decedent would have recovered if the 5
decedent had lived, 6
but do not include damages for pain, suffering or disfigurement 7
of the decedent. The proceeds of any judgment for damages 8
awarded under this subsection are liable for the debts of the 9
decedent unless exempted by law. 10
Sec. 2. NRS 11.190 is hereby amended to read as follows: 11
11.190 Except as otherwise provided in NRS 40.4639, 12
125B.050 and 217.007, actions other than those for the recovery of 13
real property, unless further limited by specific statute, may only be 14
commenced as follows: 15
1. Within 6 years: 16
(a) Except as otherwise provided in NRS 62B.420 and 176.275, 17
an action upon a judgment or decree of any court of the United 18
States, or of any state or territory within the United States, or the 19
renewal thereof. 20
(b) An action upon a contract, obligation or liability founded 21
upon an instrument in writing, except those mentioned in the 22
preceding sections of this chapter. 23
2. Within 4 years: 24
(a) An action on an open account for goods, wares and 25
merchandise sold and delivered. 26
(b) An action for any article charged on an account in a store. 27
(c) An action upon a contract, obligation or liability not founded 28
upon an instrument in writing. 29
(d) Except as otherwise provided in NRS 11.245, an action 30
against a person alleged to have committed a deceptive trade 31
practice in violation of NRS 598.0903 to 598.0999, inclusive, but 32
the cause of action shall be deemed to accrue when the aggrieved 33
party discovers, or by the exercise of due diligence should have 34
discovered, the facts constituting the deceptive trade practice. 35
3. Within 3 years: 36
(a) An action upon a liability created by statute, other than a 37
penalty or forfeiture. 38
(b) An action for waste or trespass of real property, but when the 39
waste or trespass is committed by means of underground works 40
upon any mining claim, the cause of action shall be deemed to 41
accrue upon the discovery by the aggrieved party of the facts 42
constituting the waste or trespass. 43
(c) An action for taking, detaining or injuring personal property, 44
including actions for specific recovery thereof, but in all cases 45
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where the subject of the action is a domestic animal usually included 1
in the term “livestock,” which has a recorded mark or brand upon it 2
at the time of its loss, and which strays or is stolen from the true 3
owner without the owner’s fault, the statute does not begin to run 4
against an action for the recovery of the animal until the owner has 5
actual knowledge of such facts as would put a reasonable person 6
upon inquiry as to the possession thereof by the defendant. 7
(d) Except as otherwise provided in NRS 112.230 and 166.170, 8
an action for relief on the ground of fraud or mistake, but the cause 9
of action in such a case shall be deemed to accrue upon the 10
discovery by the aggrieved party of the facts constituting the fraud 11
or mistake. 12
(e) An action pursuant to NRS 40.750 for damages sustained by 13
a financial institution or other lender because of its reliance on 14
certain fraudulent conduct of a borrower, but the cause of action in 15
such a case shall be deemed to accrue upon the discovery by the 16
financial institution or other lender of the facts constituting the 17
concealment or false statement. 18
(f) An action pursuant to NRS 41.1335, but the cause of action 19
shall be deemed to accrue upon the discovery by the aggrieved party 20
of the facts constituting fertility fraud or of any medical or genetic 21
disorder which results from the human reproductive material 22
implanted in, used on or provided to a patient in violation of NRS 23
200.975, whichever occurs later. 24
4. Within 2 years: 25
(a) An action against a sheriff, coroner or constable upon 26
liability incurred by acting in his or her official capacity and in 27
virtue of his or her office, or by the omission of an official duty, 28
including the nonpayment of money collected upon an execution. 29
(b) An action upon a statute for a penalty or forfeiture, where the 30
action is given to a person or the State, or both, except when the 31
statute imposing it prescribes a different limitation. 32
(c) An action for libel, slander, assault, battery, false 33
imprisonment or seduction. 34
(d) An action against a sheriff or other officer for the escape of a 35
prisoner arrested or imprisoned on civil process. 36
(e) Except as otherwise provided in NRS 11.215 , [or] 11.217 [,] 37
or 41.085, an action to recover damages for injuries to a person or 38
for the death of a person caused by the wrongful act or neglect of 39
another. The provisions of this paragraph relating to an action to 40
recover damages for injuries to a person apply only to causes of 41
action which accrue after March 20, 1951. 42
(f) An action to recover damages under NRS 41.740. 43
5. Within 1 year: 44
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(a) An action against an officer, or officer de facto to recover 1
goods, wares, merchandise or other property seized by the officer in 2
his or her official capacity, as tax collector, or to recover the price or 3
value of goods, wares, merchandise or other personal property so 4
seized, or for damages for the seizure, detention or sale of, or injury 5
to, goods, wares, merchandise or other personal property seized, or 6
for damages done to any person or property in making the seizure. 7
(b) An action against an officer, or officer de facto for money 8
paid to the officer under protest, or seized by the officer in his or her 9
official capacity, as a collector of taxes, and which, it is claimed, 10
ought to be refunded. 11
Sec. 3. The amendatory provisions of this act apply to any 12
cause of action arising from a death caused by homicide that accrues 13
before, on or after the effective date of this act. 14
Sec. 4. This act becomes effective upon passage and approval. 15
H