The New York State Senate

BILL NUMBER:A9154

TITLE OF BILL: An act to amend the criminal procedure law, in relation
to admissibility of magnetic resonance imaging (MRI) brain scans in
criminal proceedings

PURPOSE OR GENERAL IDEA OF BILL: To ban the use of magnetic resonance
imaging (MRI) brain scans in a criminal proceeding where a defendant's
or witness's truthfulness or knowledge of a specific event is at issue.

SUMMARY OF SPECIFIC PROVISIONS: Section 1. The criminal procedure law is
amended by adding a new section 60.77. Section 60.77 is titled rules of
evidence; admissibility of magnetic resonance imaging (MR1) brain scans.
In a criminal proceeding in which a defendant's or witness's truthful-
ness or knowledge of a specific event is in issue, evidence of the
defendant's or witness's brain activity obtained through the use of a
magnetic resonance imaging (MRI) brain scan, shall be deemed inadmissi-
ble.

JUSTIFICATION: Magnetic Resonance Imaging (MRI) is primarily a medical
imaging technique used to visualize the internal structure and function
of the body. MRI scans are used to image every part of the body, and is
particularly useful for neurological conditions because it can measure
brain activity and locate abnormal functions or patterns of activity.
While still in the experimental stage, scientists have begun to use
brain scans to interpret brain activity patterns pertaining to specific
information. This technology was used in a criminal trial in India,
where a man was found guilty of murder because the judge cited a MRI
scan as proof that the defendant's brain held guilty knowledge concern-
ing the crime. While the Fifth Amendment protects against self-incrimi-
nation, in order to protect private thought in New York, it is necessary
that a statute explicitly prohibiting the use of MRI brain scans to
obtain incriminating information against a defendant be implemented.

Brain scans are not 100 percent accurate. In most cases (i.e. health
problems), results of a MRI scan can be checked using other testing
equipment. But brain abnormalities found during scans related to crimi-
nal behavior can not be double checked by any other methods. These
abnormalities are rare and have a high chance that the MRI scan results
are inaccurate. By allowing MRI scans as evidence in court, many people
will be found guilty or innocent on unverifiable data.

PRIOR LEGISLATIVE HISTORY: New Bill

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: This act shall take effect immediately.