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AB 489

Revises provisions relating to civil actions. (BDR 3-1141)

2025 Regular Session

AB 489 lets heirs and personal representatives sue killers of a decedent, reviving time-barred wrongful-death claims and letting courts decide killer status anytime.

(Pursuant to Joint Standing Rule No. 14.3.4, no further action allowed.)
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Bill Summary · AB 489

AB 489 — Summary (BDR 3‑1141)

Title: Revises provisions relating to civil actions.
Introduced: Feb 10, 2025

Purpose / Intent

AB 489 amends Nevada wrongful‑death and statute‑of‑limitations law to (1) clarify who qualifies as an “heir” for wrongful‑death suits, and (2) remove time limits for certain civil wrongful‑death claims tied to a person “deemed to be a killer” under Nevada’s Chapter 41B (NRS 41B.*). The bill is intended to allow families and personal representatives to pursue civil damages in homicide cases even after ordinary statutes of limitations have expired, and to make killer‑status determinations available to courts or juries at any time.

Key provisions

  • Revises “heir” definition (NRS 41.085):

    • “Heir” means a person who, at the time the action is brought, would be entitled to succeed to the decedent’s separate property if the decedent died intestate.
    • Excludes a person who is “deemed to be a killer” under Chapter 41B; such a person is treated as having predeceased the decedent.

  • Eliminates ordinary limitations for certain wrongful‑death actions (amending NRS 11.190 / NRS 41.085):

    • Heirs and personal representatives may commence an action at any time against a natural person who is deemed to be the killer of the decedent (pursuant to NRS 41B.250 or 41B.260) or against that killer’s personal representative.
    • Notwithstanding NRS 41B.260, a court or jury may determine whether a culpable actor is a “killer” at any time.

  • Scope and limits:

    • Legislative intent language limits the provision to natural persons (not corporations or other entities) who are deemed killers; amendments clarify the subsection is not intended to apply to claims based on vicarious liability.
    • Retroactivity: The bill’s provisions apply retroactively to civil actions of this type, including those previously barred by expired statutes of limitations — effectively reviving time‑barred claims that meet the new criteria.

Who is affected

  • Beneficiaries: heirs and personal representatives of homicide victims (gains expanded access to civil remedies).
  • Defendants: natural persons who are or may be “deemed killers” and their estates; potential exposure to revived civil claims.
  • System actors: Nevada courts (possible increased litigation and evidentiary determinations of “killer” status), insurers, estates, and counsel handling wrongful‑death matters.
  • Fiscal note: reprints state “No” effect on state or local government.

Procedural history & current status

  • Multiple committee actions and amendments (Assembly Amendment No. 406; Senate Amendment No. 674). Reprints issued (First and Second Reprints).
  • Passed Assembly and Senate (votes recorded in legislative history).
  • Enrolled and presented to the Governor (Sept. 15, 2025); approved by Governor and chaptered—Chapter 615, Statutes of 2025 (Oct. 11, 2025).
  • Earlier procedural entry (May 24, 2025) noted “Pursuant to Joint Standing Rule No. 14.3.4, no further action allowed” during the interim—later resolved as the bill completed the legislative process.

Practical notes / considerations

  • The retroactive revival of claims may lead to new litigation long after events occurred; courts will need to address evidentiary and fairness questions when determining killer status years after a death.
  • Amendments narrowed application (focus on natural persons; exclusion of vicarious liability), but parties potentially exposed include estates and individuals rather than employers/entities under respondeat superior.

Compiled from official sources — confirm details with the bill’s official record.

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