(REPRINTED WITH ADOPTED AMENDMENTS) SECOND REPRINT
Senate Bill No. 80-Committee on Judiciary
(On Behalf of the Office of the Attorney General)
January 29, 1997
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Referred to Committee on Judiciary
SUMMARY--Makes person liable for two times the actual damages incurred for abuse, neglect or exploitation of certain older persons or vulnerable persons. (BDR 3-613)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to civil actions; making a person who abuses, neglects or exploits certain older persons or vulnerable persons liable for two times the actual damages incurred by the older person or vulnerable person; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Section 1 Chapter 41 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsection 3, if an older person or a vulnerable person suffers a personal injury or death that is caused by abuse or neglect or suffers a loss of money or property caused by exploitation, the person who caused the injury, death or loss is liable to the older person or vulnerable person for two times the actual damages incurred by the older person or vulnerable person.
2. If it is established by a preponderance of the evidence that a person who is liable for damages pursuant to this section acted with recklessness, oppression, fraud or malice, the court shall order the person to pay the attorney's fees and costs of the person who initiated the lawsuit.
3. The provisions of this section do not apply to a person who caused injury, death or loss to a vulnerable person if he did not know or have reason to know that the harmed person was a vulnerable person.
4. For the purposes of this section:
(a) "Abuse" means willful and unjustified:
(1) Infliction of pain, injury or mental anguish; or
(2) Deprivation of food, shelter, clothing or services which are necessary to maintain the physical or mental health of an older person or a vulnerable person;
(b) "Exploitation" means any act taken by a person who has the trust and confidence of an older person or a vulnerable person or any use of the power of attorney or guardianship of an older person or a vulnerable person to obtain control, through deception, intimidation or undue influence, over the money, assets or property of the older person or vulnerable person with the intention of permanently depriving the older person or vulnerable person of the ownership, use, benefit or possession of his money, assets or property. As used in this paragraph, "undue influence" does not include the normal influence that one member of a family has over another;
(c) "Neglect" means the failure of:
(1) A person who has assumed legal responsibility or a contractual obligation for caring for an older person or a vulnerable person or who has voluntarily assumed responsibility for his care to provide food, shelter, clothing or services which are necessary to maintain the physical or mental health of the older person or vulnerable person; or
(2) An older person or a vulnerable person to provide for his own needs because of inability to do so;
(d) "Older person" means a person who is 60 years of age or older; and
(e) "Vulnerable person" means a person who:
(1) Has a physical or mental impairment that substantially limits one or more of the major life activities of the person; and
(2) Has a medical or psychological record of the impairment or is otherwise regarded as having the impairment.
The term includes, without limitation, a person who is mentally retarded, a person who has a severe learning disability, a person who suffers from a severe mental or emotional illness or a person who suffers from a terminal or catastrophic illness or injury.
Sec. 2. This act becomes effective upon passage and approval.