SECTIONS 3524 - California Statutes

PENAL CODE

SECTION 3524

3524. (a) A prisoner may maintain an action for injury to such
prisoner, including physical or mental injury, or both, caused by the
wrongful or negligent act of a person during the course of the
prisoner's participation in biomedical or behavioral research
conducted pursuant to this title.
(b) In any action pursuant to this section, such damages may be
awarded as under all of the circumstances of the case may be just.
(c) When the death of a prisoner is caused by the wrongful act or
neglect of another, his or her heirs or personal representatives on
their behalf may maintain an action for damages against the person
causing the death, or if dead, such person's personal
representatives.
(d) If an action arising out of the same wrongful act or neglect
may be maintained pursuant to subdivision (c) for wrongful death to
any such prisoner, the action authorized by subdivision (a) shall be
consolidated therewith for trial on motion of any interested party.
(e) For the purposes of this section, "heirs" mean only the
following:
(1) Those persons who would be entitled to succeed to the property
of the decedent according to the provisions of Part 2 (commencing
with Section 6400) of Division 6 of the Probate Code, and
(2) Whether or not qualified under paragraph (1), if they were
dependent on the decedent, the putative spouse, children of the
putative spouse, stepchildren, and parents. As used in this
paragraph, "putative spouse" means the surviving spouse of a void or
voidable marriage who is found by the court to have believed in good
faith that the marriage to the decedent was valid.