Existing law, for the purposes of allowing an heir to maintain an action for damages for a death caused by the wrongful act or neglect of another person, defines the term “heir” to mean a person who would be entitled to succeed to the separate property of a decedent if the decedent had died intestate. (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 separate property of the decedent. Existing law generally requires a civil action to recover damages for injuries to or the death of a person arising from the 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. (NRS 11.190) Sections 1 and 2 of this bill authorize a civil action to recover damages for the death of a decedent to be brought by the heirs and the personal representatives of the decedent at any time upon a showing by a preponderance of evidence that the death of the decedent was a homicide committed by a wrongdoer. Section 3 of this bill provides that the amendatory provisions of this bill apply retroactively to any cause of action to recover damages for death caused by homicide that accrues before, on or after the effective date of this bill.

Statutes affected:
As Introduced: 41.085, 11.190
BDR: 41.085, 11.190