ERRPA

Police could not single you out by race, religion, or gender — and you could sue to make them stop.

More about this bill

Police could no longer pick who to stop, search, or question based on your race, religion, or ethnic group. The ban also covers the country you come from, your gender, gender identity, and sexual orientation. It applies to all police, from federal agents to local and Tribal officers. It also covers border and immigration agents. Officers could use one of these traits only when solid, local, recent facts tie it to a specific crime. If you are profiled, you could sue in state or federal court to make the agency stop. These suits ask a court to order a change, not to pay money damages. A winner could have lawyer and expert fees paid. Showing that stops fall unevenly on one group would be enough to start a case. Federal agencies would have to track every stop, search, and police interview by race, ethnic group, religion, and gender. So would local police that take certain federal grants. The records would leave out names and be kept for at least 4 years. The Justice Department's data office would post the results each year. The first report is due 3 years after the bill becomes law. Names of officers and people stopped could not be released, even through a public records request. One year after the bill becomes law, state and local police would need anti-profiling rules to get two federal grants. These are the Byrne Justice Assistance Grants and the COPS community police grants. The rules must include training, data tracking, and a complaint process or outside audit. The Attorney General must hold back grant money from agencies that don't follow them. The bill also allows up to $5 million for a 2-year test of tracking how often searches turn up drugs or guns. Other grants would help police pay for training and data tools. The Attorney General would report to Congress on racial profiling every year.