S 2138 in Congressional Session 109

Bill Number : S 2138

Title : A bill to prohibit racial profiling.

SUMMARY AS OF:
12/16/2005--Introduced. End Racial Profiling Act of 2005 or ERPA - Prohibits any law enforcement agent or agency from engaging in racial profiling. Authorizes the United States or an individual injured by racial profiling to bring a civil action for declaratory or injunctive relief in state court or U.S. district court. Makes proof that the routine or spontaneous investigatory activities of law enforcement agents in a jurisdiction have had a disparate impact on racial, ethnic, or religious minorities prima facie evidence of a violation. Authorizes the court to allow a prevailing plaintiff attorney's fees under specified circumstances. Directs federal law enforcement agencies to: (1) cease practices that permit racial profiling; and (2) maintain policies and procedures to eliminate racial profiling. Requires applications for funding under the Byrne or Cops on the Beat program to include a certification that the applicant: (1) maintains adequate policies and procedures designed to eliminate racial profiling; and (2) does not engage in any practices that permit racial profiling. Requires applicants to establish an administrative complaint procedure or independent auditor program. Directs the Attorney General to carry out a demonstration project to collect data on hit rates for stops and searches. Authorizes the Attorney General, through the Bureau of Justice Assistance, to make grants to develop and implement best practice devices and systems to eliminate racial profiling. Directs the Attorney General to report to Congress annually on racial profiling by law enforcement agencies.