Assembly Bill No. 385–Assemblymen Koivisto, Ohrenschall, Parks, Anderson, Christensen, Claborn, Leslie, McClain and Pierce

 

March 17, 2003

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Makes various changes concerning civil actions involving physical acts committed against incapacitated minors. (BDR 3‑54)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to minors; making various changes concerning civil actions involving physical acts committed against incapacitated minors; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1  Section 1. Chapter 41 of NRS is hereby amended by adding

1-2  thereto the provisions set forth as sections 2, 3 and 4 of this act.

1-3  Sec. 2.  As used in sections 3 and 4 of this act, “incapacitated

1-4  minor” means:

1-5  1.  Any person under 10 years of age; or

1-6  2.  A minor 10 years of age or older who is impaired by reason

1-7  of mental illness, mental deficiency, disease, weakness of mind or

1-8  any other cause, to the extent of lacking sufficient understanding

1-9  or capacity to make or communicate responsible decisions.

1-10      Sec. 3.  1.  Except as otherwise provided in NRS 424.085,

1-11  any physical act of a minor willfully or negligently committed

1-12  against an incapacitated minor which causes a mental or physical

1-13  injury to the incapacitated minor or to the parent or guardian of

1-14  the incapacitated minor is imputed to the parents or guardian

1-15  having custody and control of the minor who commits the act for

2-1  all purposes of civil damages, and, notwithstanding the provisions

2-2  of subsection 2 of NRS 41.470, the parents or guardian having

2-3  custody or control are jointly and severally liable with the minor

2-4  for all damages resulting from the physical act.

2-5  2.  The liability imposed pursuant to this section is in addition

2-6  to any other liability imposed by law.

2-7  Sec. 4.  1.  The parent or guardian of an incapacitated

2-8  minor who has suffered injury as a result of a physical act

2-9  committed by another minor against the incapacitated minor may

2-10  bring and maintain an action for negligent infliction of emotional

2-11  distress to recover damages for any emotional distress of the

2-12  parent or guardian caused by the physical act committed against

2-13  the incapacitated minor.

2-14      2.  If a parent or guardian prevails in an action brought

2-15  pursuant to this section, the court shall award him costs and

2-16  reasonable attorney’s fees.

2-17      Sec. 5.  This act becomes effective on July 1, 2003.

 

2-18  H