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Sponsor's memo
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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.