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Committee hears bill to remove statute‑of‑limitations for wrongful‑death civil suits and apply change retroactively

2865226 · April 3, 2025
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Summary

AB489 would eliminate the civil statute of limitations for wrongful‑death claims and make the change retroactive; supporters said it would let families of missing and trafficking victims pursue civil accountability, opponents did not register in person, and the committee closed the hearing with the sponsor urging support.

CARSON CITY — The Assembly Judiciary Committee heard testimony on Assembly Bill 489, a proposal that would eliminate the civil statute of limitations for wrongful‑death lawsuits and make that change retroactive so families could bring claims for deaths that occurred in the past.

Martin Fitzgerald, representing the bill sponsors, summarized the measure: "Section 1 and 2 of the bill ends the statute of limitations for wrongful death. And section 3 removes the statute of limitations retroactively so victims of wrongful deaths that have occurred before the passage of this bill are able to bring civil action against the perpetrators of their death," he told the committee.

Why it matters: Supporters said the existing two‑year civil filing window is too short for many modern homicide and human‑trafficking investigations, where toxicology, DNA, digital records and interstate investigations can take years. Families and advocates told the committee that when a body is missing or when investigations are complex, the current limitation denies them a civil avenue to hold perpetrators accountable.

Testimony and examples

Victims' families and anti‑trafficking advocates described cases where a missing relative or a classified death prevented families from filing suit within two years. Glendine Grant, mother of missing woman Jessie Foster, told the committee her daughter vanished in Las Vegas in 2005 and remains missing; she described the financial and health toll on her family and urged lawmakers to allow families more time to seek civil accountability. "It's been 19 years and under the current law we would be prevented from seeking justice because of that statute of limitations," Grant said.

Gerald Fineman, a retired prosecutor with decades of experience, described investigative realities that can delay final criminal findings — complex toxicology, collision reconstruction, tracing controlled substances to distributors, staged crime scenes and slow appellate processes — and argued the bill would let grieving families pursue civil remedies without prejudicing prosecutions.

Support from advocacy groups

The Nevada Women's Lobby, Nevada Coalition to End Domestic and Sexual Violence, domestic violence and trafficking survivor organizations, and other victim‑advocacy groups testified in support, describing cases where families must wait for criminal investigations and should not lose a civil remedy while they wait. The Nevada Department of Corrections and other agencies did not register opposition; presenters said they would continue discussions with stakeholders including the Resorts Association.

Legal and technical points

Presenters and counsel said the bill includes a technical conceptual memo posted to the legislative information system to implement the retroactivity correctly in light of case law. Counsel and proponents said the civil clock in current law begins on the date of death, not the date a body is recovered, and the proposed change would remove the two‑year bar for wrongful death claims.

Outcome and next steps

The committee heard substantial emotional testimony and technical argument in favor of AB489; no opposition callers were recorded in the excerpt. The sponsor asked for the committee's support and said groups would provide written testimony. The committee closed the hearing and will continue deliberations and stakeholder conversations.

Ending note: Supporters framed AB489 as a narrow, victim‑centered fix to ensure families of homicide and trafficking victims can seek civil accountability when investigations and evidence collection require more time than the statute currently allows.