Prohibition on discrimination by law enforcement

(a) Definitions In this section— (1) The term governmental body means any department, agency, special purpose district, or other instrumentality of Federal, State, local, or Indian tribal government. (2) The term Indian tribe has the meaning given the term in section 102 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a). (3) The term law enforcement agency means any Federal, State, local, or Indian tribal governmental body engaged in the prevention, detection, or investigation of violations of criminal, immigration, or customs laws. (4) The term law enforcement agent means any Federal, State, local, or Indian tribal official responsible for enforcing criminal, immigration, or customs laws, including police officers and other agents of a law enforcement agency. (5) The term profiling means the practice of a law enforcement agent or agency relying, to any degree, on actual or perceived race, ethnicity, national origin, religion, sex (as defined in section 208 of the Civil Rights Act of 1964), gender identity, or sexual orientation in selecting which individual to subject to routine or spontaneous investigatory activities or in deciding upon the scope and substance of law enforcement activity following any initial investigatory procedure, except when there is trustworthy information, relevant to the locality and timeframe, that links a person with a particular characteristic described in this paragraph to an identified criminal incident or scheme. (6) The term routine or spontaneous investigatory activities means the following activities by a law enforcement agent: (A) Interviews. (B) Traffic stops. (C) Pedestrian stops. (D) Frisks and other types of body searches. (E) Consensual or nonconsensual searches of the persons, property, or possessions (including vehicles) of individuals using any form of public or private transportation, including motorists and pedestrians. (F) Data collection, analysis, assessments, and predicated investigations. (G) Inspections and interviews of entrants into the United States that are more extensive than those customarily carried out. (H) Immigration-related workplace investigations. (I) Such other types of law enforcement encounters compiled for or by the Federal Bureau of Investigation or the Department of Justice Bureau of Justice Statistics. (7) The term State means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, and any other territory or possession of the United States. (8) The term unit of local government means— (A) any city, county, township, town, borough, parish, village, or other general purpose political subdivision of a State; (B) any law enforcement district or judicial enforcement district that— (i) is established under applicable State law; and (ii) has the authority to, in a manner independent of other State entities, establish a budget and impose taxes; or (C) any Indian tribe that performs law enforcement functions, as determined by the Secretary of the Interior. (b) Prohibition of profiling (1) In general No law enforcement agent or law enforcement agency shall engage in profiling. (2) Enforcement (A) Remedy The United States, or an individual injured by profiling, may enforce this title in a civil action for equitable or legal relief, filed in a State court of general jurisdiction or in a district court of the United States. (B) Parties In any action brought under this title, relief may be obtained against— (i) any governmental body that employed any law enforcement agent who engaged in profiling; (ii) any agent of such body who engaged in profiling; and (iii) any person with supervisory authority over such agent. (C) Nature Of Proof Proof that the routine or spontaneous investigatory activities of law enforcement agents in a jurisdiction have had a disparate impact on individuals with a particular characteristic described in subsection (a)(5) shall constitute prima facie evidence of a violation of this section. (D) Attorney’s Fees In any action or proceeding to enforce this section against any governmental body, the court may allow a prevailing plaintiff, other than the United States, reasonable attorney’s fees as part of the costs, and may include expert fees as part of the attorney’s fees.