07 LC 35
0671
Senate
Resolution 593
By:
Senator Whitehead, Sr. of the 24th
ADOPTED
SENATE
A
RESOLUTION
Creating
the Senate Study Committee on the Use of Brain Fingerprinting Technology; and
for other purposes.
WHEREAS,
a new technology described as brain fingerprinting was recently developed at the
direction of Dr. Lawrence A. Farewell, Ph.D., founder of Brain Fingerprinting
Laboratories, Inc., in 2003; and
WHEREAS,
this breaking technology is becoming increasingly available, and the testing has
received significant media attention; and
WHEREAS,
the application of this phenomenal technology in criminal cases has
groundbreaking possibilities not only for convicting those who are guilty but
also for making sure that innocent persons are neither accused, convicted, nor
incarcerated; and
WHEREAS,
this exciting technology gives the judge and jury new, scientifically valid
evidence to help them arrive at their decision; and
WHEREAS,
brain fingerprinting evidence was recently admitted by the Iowa Supreme Court
and assisted in establishing the innocence of Terry Harrington, who was released
from prison in 2003 after serving 24 years for a murder conviction;
and
WHEREAS,
brain fingerprinting is a technique that requires a sufficient amount of
specific information about an event or activity that would only be known by a
perpetrator and the investigator; and
WHEREAS,
in administering the brain fingerprinting test, a subject is shown a sequence of
various stimuli on a computer screen in the form of words, phrases, and
pictures, and an electroencephalograph (EEG) then records a subject´s
electrical brain activity or response to the stimuli, which appears in waveform;
and
WHEREAS, the process measures whether a suspect has knowledge of the details about a particular crime; and
WHEREAS, the process measures whether a suspect has knowledge of the details about a particular crime; and
WHEREAS,
scientific studies, field tests, and criminal cases involving hundreds of test
have verified the extremely high level of accuracy, utility, cost effectiveness,
and overall credibility of the brain fingerprinting system; and
WHEREAS,
it is within the power of this body to enact legislation which will encourage
the use of brain fingerprinting technology so that this state may have yet
another tool to aid in the investigation of criminal cases, to increase the
quality of the criminal justice system, and, most importantly, to help ensure
that no innocent person is found guilty for a crime they did not
commit.
NOW,
THEREFORE, BE IT RESOLVED BY THE SENATE that there is created the Senate Study
Committee on the Use of Brain Fingerprinting Technology to be composed of five
members of the Senate to be appointed by the President of the Senate. The
President of the Senate shall designate a member of the committee as chairperson
of the committee. The chairperson shall call all meetings of the
committee.
BE
IT FURTHER RESOLVED that the committee shall undertake a study of the
conditions, needs, issues, and problems mentioned above or related thereto and
recommend any actions or legislation which the committee deems necessary or
appropriate. The committee may conduct such meetings at such places and at such
times as it may deem necessary or convenient to enable it to exercise fully and
effectively its powers, perform its duties, and accomplish the objectives and
purposes of this resolution. The members of the committee shall receive the
allowances authorized for legislative members of interim legislative committees
but shall receive the same for not more than ten days unless additional days are
authorized. The funds necessary to carry out the provisions of this resolution
shall come from the funds appropriated to the Senate. In the event the
committee makes a report of its findings and recommendations, with suggestions
for proposed legislation, if any, such report shall be made on or before
December 31, 2007. The committee shall stand abolished on January 31, 2008.