HB5099 Engrossed LRB104 18527 KTG 31970 b
1		AN ACT concerning children.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 5. The Criminal Identification Act is amended by
5		changing Section 2.1 and by adding Section 3.4 as follows:
6		(20 ILCS 2630/2.1)  (from Ch. 38, par. 206-2.1)
7		(Text of Section before amendment by P.A. 104-459)
8		Sec. 2.1. For the purpose of maintaining complete and
9		accurate criminal records of the Illinois State Police, it is
10		necessary for all policing bodies of this State, the clerk of
11		the circuit court, the Illinois Department of Corrections, the
12		sheriff of each county, and State's Attorney of each county to
13		submit certain criminal arrest, charge, and disposition
14		information to the Illinois State Police for filing at the
15		earliest time possible. Unless otherwise noted herein, it
16		shall be the duty of all policing bodies of this State, the
17		clerk of the circuit court, the Illinois Department of
18		Corrections, the sheriff of each county, and the State's
19		Attorney of each county to report such information as provided
20		in this Section, both in the form and manner required by the
21		Illinois State Police and within 30 days of the criminal
22		history event. Specifically:
23		(a) Arrest Information. All agencies making arrests

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1		for offenses which are required by statute to be
2		collected, maintained or disseminated by the Illinois
3		State Police shall be responsible for furnishing daily to
4		the Illinois State Police fingerprints, charges and
5		descriptions of all persons who are arrested for such
6		offenses. All such agencies shall also notify the Illinois
7		State Police of all decisions by the arresting agency not
8		to refer such arrests for prosecution. With approval of
9		the Illinois State Police, an agency making such arrests
10		may enter into arrangements with other agencies for the
11		purpose of furnishing daily such fingerprints, charges and
12		descriptions to the Illinois State Police upon its behalf.
13		(b) Charge Information. The State's Attorney of each
14		county shall notify the Illinois State Police of all
15		charges filed and all petitions filed alleging that a
16		minor is delinquent, including all those added subsequent
17		to the filing of a case, and whether charges were not filed
18		in cases for which the Illinois State Police has received
19		information required to be reported pursuant to paragraph
20		(a) of this Section. With approval of the Illinois State
21		Police, the State's Attorney may enter into arrangements
22		with other agencies for the purpose of furnishing the
23		information required by this subsection (b) to the
24		Illinois State Police upon the State's Attorney's behalf.
25		(c) Disposition Information. The clerk of the circuit
26		court of each county shall furnish the Illinois State

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1		Police, in the form and manner required by the Supreme
2		Court, with all final dispositions of cases for which the
3		Illinois State Police has received information required to
4		be reported pursuant to paragraph (a) or (d) of this
5		Section. Such information shall include, for each charge,
6		all (1) judgments of not guilty, judgments of guilty
7		including the sentence pronounced by the court with
8		statutory citations to the relevant sentencing provision,
9		findings that a minor is delinquent and any sentence made
10		based on those findings, discharges and dismissals in the
11		court; (2) reviewing court orders filed with the clerk of
12		the circuit court which reverse or remand a reported
13		conviction or findings that a minor is delinquent or that
14		vacate or modify a sentence or sentence made following a
15		trial that a minor is delinquent; (3) continuances to a
16		date certain in furtherance of an order of supervision
17		granted under Section 5-6-1 of the Unified Code of
18		Corrections or an order of probation granted under Section
19		10 of the Cannabis Control Act, Section 410 of the
20		Illinois Controlled Substances Act, Section 70 of the
21		Methamphetamine Control and Community Protection Act,
22		Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of
23		the Criminal Code of 1961 or the Criminal Code of 2012,
24		Section 10-102 of the Illinois Alcoholism and Other Drug
25		Dependency Act, Section 40-10 of the Substance Use
26		Disorder Act, Section 10 of the Steroid Control Act, or

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1		Section 5-615 of the Juvenile Court Act of 1987; (4)
2		judgments or court orders terminating or revoking a
3		sentence to or juvenile disposition of probation,
4		supervision or conditional discharge and any resentencing
5		or new court orders entered by a juvenile court relating
6		to the disposition of a minor's case involving delinquency
7		after such revocation; and (5) in any case in which a
8		firearm is alleged to have been used in the commission of
9		an offense, the serial number of any firearm involved in
10		the case, or if the serial number was obliterated, as
11		provided by the State's Attorney to the clerk of the
12		circuit court at the time of disposition.
13		(d) Fingerprints After Sentencing.
14		(1) After the court pronounces sentence, sentences
15		a minor following a trial in which a minor was found to
16		be delinquent or issues an order of supervision or an
17		order of probation granted under Section 10 of the
18		Cannabis Control Act, Section 410 of the Illinois
19		Controlled Substances Act, Section 70 of the
20		Methamphetamine Control and Community Protection Act,
21		Section 12-4.3 or subdivision (b)(1) of Section
22		12-3.05 of the Criminal Code of 1961 or the Criminal
23		Code of 2012, Section 10-102 of the Illinois
24		Alcoholism and Other Drug Dependency Act, Section
25		40-10 of the Substance Use Disorder Act, Section 10 of
26		the Steroid Control Act, or Section 5-615 of the

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1		Juvenile Court Act of 1987 for any offense which is
2		required by statute to be collected, maintained, or
3		disseminated by the Illinois State Police, the State's
4		Attorney of each county shall ask the court to order a
5		law enforcement agency to fingerprint immediately all
6		persons appearing before the court who have not
7		previously been fingerprinted for the same case. The
8		court shall so order the requested fingerprinting, if
9		it determines that any such person has not previously
10		been fingerprinted for the same case. The law
11		enforcement agency shall submit such fingerprints to
12		the Illinois State Police daily.
13		(2) After the court pronounces sentence or makes a
14		disposition of a case following a finding of
15		delinquency for any offense which is not required by
16		statute to be collected, maintained, or disseminated
17		by the Illinois State Police, the prosecuting attorney
18		may ask the court to order a law enforcement agency to
19		fingerprint immediately all persons appearing before
20		the court who have not previously been fingerprinted
21		for the same case. The court may so order the requested
22		fingerprinting, if it determines that any so sentenced
23		person has not previously been fingerprinted for the
24		same case. The law enforcement agency may retain such
25		fingerprints in its files.
26		(e) Corrections Information. The Illinois Department

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1		of Corrections and the sheriff of each county shall
2		furnish the Illinois State Police with all information
3		concerning the receipt, escape, execution, death, release,
4		pardon, parole, commutation of sentence, granting of
5		executive clemency or discharge of an individual who has
6		been sentenced or committed to the agency's custody for
7		any offenses which are mandated by statute to be
8		collected, maintained or disseminated by the Illinois
9		State Police. For an individual who has been charged with
10		any such offense and who escapes from custody or dies
11		while in custody, all information concerning the receipt
12		and escape or death, whichever is appropriate, shall also
13		be so furnished to the Illinois State Police.
14		(f) Confidentiality of information. Information
15		reported to the Illinois State Police under this Act is
16		confidential and shall not be released unless expressly
17		permitted by State or federal law.
18		(Source: P.A. 104-5, eff. 1-1-26.)
19		(Text of Section after amendment by P.A. 104-459)
20		Sec. 2.1. For the purpose of maintaining complete and
21		accurate criminal records of the Illinois State Police, it is
22		necessary for all policing bodies of this State, the clerk of
23		the circuit court, the Illinois Department of Corrections, the
24		sheriff of each county, and State's Attorney of each county to
25		submit certain criminal arrest, charge, and disposition

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1		information to the Illinois State Police for filing at the
2		earliest time possible. Unless otherwise noted herein, it
3		shall be the duty of all policing bodies of this State, the
4		clerk of the circuit court, the Illinois Department of
5		Corrections, the sheriff of each county, and the State's
6		Attorney of each county to report such information as provided
7		in this Section, both in the form and manner required by the
8		Illinois State Police and within 30 days of the criminal
9		history event. Specifically:
10		(a) Arrest Information. All agencies making arrests
11		for offenses which are required by statute to be
12		collected, maintained or disseminated by the Illinois
13		State Police shall be responsible for furnishing daily to
14		the Illinois State Police fingerprints, charges and
15		descriptions of all persons who are arrested for such
16		offenses. All such agencies shall also notify the Illinois
17		State Police of all decisions by the arresting agency not
18		to refer such arrests for prosecution. With approval of
19		the Illinois State Police, an agency making such arrests
20		may enter into arrangements with other agencies for the
21		purpose of furnishing daily such fingerprints, charges and
22		descriptions to the Illinois State Police upon its behalf.
23		(b) Charge Information. The State's Attorney of each
24		county shall notify the Illinois State Police of all
25		charges filed and all petitions filed alleging that a
26		minor is delinquent, including all those added subsequent

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1		to the filing of a case, and whether charges were not filed
2		in cases for which the Illinois State Police has received
3		information required to be reported pursuant to paragraph
4		(a) of this Section. With approval of the Illinois State
5		Police, the State's Attorney may enter into arrangements
6		with other agencies for the purpose of furnishing the
7		information required by this subsection (b) to the
8		Illinois State Police upon the State's Attorney's behalf.
9		(c) Disposition Information. The clerk of the circuit
10		court of each county shall furnish the Illinois State
11		Police, in the form and manner required by the Supreme
12		Court, with all final dispositions of cases for which the
13		Illinois State Police has received information required to
14		be reported pursuant to paragraph (a) or (d) of this
15		Section. Such information shall include, for each charge,
16		all (1) judgments of not guilty, judgments of guilty
17		including the sentence pronounced by the court with
18		statutory citations to the relevant sentencing provision,
19		findings that a minor is delinquent and any sentence made
20		based on those findings, discharges and dismissals in the
21		court; (2) reviewing court orders filed with the clerk of
22		the circuit court which reverse or remand a reported
23		conviction or findings that a minor is delinquent or that
24		vacate or modify a sentence or sentence made following a
25		trial that a minor is delinquent; (3) continuances to a
26		date certain in furtherance of an order of supervision

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1		granted under Section 5-6-1 of the Unified Code of
2		Corrections or an order of probation granted under Section
3		10 of the Cannabis Control Act, Section 410 of the
4		Illinois Controlled Substances Act, Section 70 of the
5		Methamphetamine Control and Community Protection Act,
6		Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of
7		the Criminal Code of 1961 or the Criminal Code of 2012,
8		Section 10-102 of the Illinois Alcoholism and Other Drug
9		Dependency Act, Section 40-10 of the Substance Use
10		Disorder Act, Section 10 of the Steroid Control Act, or
11		Section 5-615 of the Juvenile Court Act of 1987; (4)
12		judgments or court orders terminating or revoking a
13		sentence to or juvenile disposition of probation,
14		supervision or conditional discharge, judgment or court
15		orders of discharge from probation or conditional
16		discharge, and any resentencing or new court orders
17		entered by a juvenile court relating to the disposition of
18		a minor's case involving delinquency after such
19		revocation; and (5) in any case in which a firearm is
20		alleged to have been used in the commission of an offense,
21		the serial number of any firearm involved in the case, or
22		if the serial number was obliterated, as provided by the
23		State's Attorney to the clerk of the circuit court at the
24		time of disposition. The Illinois State Police may provide
25		reports of cases with missing disposition information to
26		the clerk of the circuit court. Each clerk of the circuit

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1		court receiving a report of cases with missing disposition
2		information shall respond within 30 days after receiving
3		the report unless the volume of records in the report
4		renders that timeline impracticable.
5		(d) Fingerprints After Sentencing.
6		(1) After the court pronounces sentence, sentences
7		a minor following a trial in which a minor was found to
8		be delinquent or issues an order of supervision or an
9		order of probation granted under Section 10 of the
10		Cannabis Control Act, Section 410 of the Illinois
11		Controlled Substances Act, Section 70 of the
12		Methamphetamine Control and Community Protection Act,
13		Section 12-4.3 or subdivision (b)(1) of Section
14		12-3.05 of the Criminal Code of 1961 or the Criminal
15		Code of 2012, Section 10-102 of the Illinois
16		Alcoholism and Other Drug Dependency Act, Section
17		40-10 of the Substance Use Disorder Act, Section 10 of
18		the Steroid Control Act, or Section 5-615 of the
19		Juvenile Court Act of 1987 for any offense which is
20		required by statute to be collected, maintained, or
21		disseminated by the Illinois State Police, the State's
22		Attorney of each county shall ask the court to order a
23		law enforcement agency to fingerprint immediately all
24		persons appearing before the court who have not
25		previously been fingerprinted for the same case. The
26		court shall so order the requested fingerprinting, if

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1		it determines that any such person has not previously
2		been fingerprinted for the same case. The law
3		enforcement agency shall submit such fingerprints to
4		the Illinois State Police daily.
5		(2) After the court pronounces sentence or makes a
6		disposition of a case following a finding of
7		delinquency for any offense which is not required by
8		statute to be collected, maintained, or disseminated
9		by the Illinois State Police, the prosecuting attorney
10		may ask the court to order a law enforcement agency to
11		fingerprint immediately all persons appearing before
12		the court who have not previously been fingerprinted
13		for the same case. The court may so order the requested
14		fingerprinting, if it determines that any so sentenced
15		person has not previously been fingerprinted for the
16		same case. The law enforcement agency may retain such
17		fingerprints in its files.
18		(e) Corrections Information. The Illinois Department
19		of Corrections and the sheriff of each county shall
20		furnish the Illinois State Police with all information
21		concerning the receipt, escape, execution, death, release,
22		pardon, parole, commutation of sentence, granting of
23		executive clemency or discharge of an individual who has
24		been sentenced or committed to the agency's custody for
25		any offenses which are mandated by statute to be
26		collected, maintained or disseminated by the Illinois

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1		State Police. For an individual who has been charged with
2		any such offense and who escapes from custody or dies
3		while in custody, all information concerning the receipt
4		and escape or death, whichever is appropriate, shall also
5		be so furnished to the Illinois State Police.
6		(f) Any entity required to report information
7		concerning criminal arrests, charges, and dispositions
8		pursuant to Section 2.1 or 5 of this Act shall respond to
9		any notice advising the entity of missing or incomplete
10		information or an error in the reporting of the
11		information as follows:
12		(1) Responses shall be made within 30 days after
13		the notice from the Illinois State Police unless the
14		volume of records in the report renders that timeline
15		impracticable.
16		(2) Responses shall include the missing or
17		incomplete information, correction of the error or an
18		explanation detailing the reason the information
19		cannot be provided or corrected, and an estimated
20		timeframe for compliance.
21		(g) Confidentiality of information. Information
22		reported to the Illinois State Police under this Act is
23		confidential and shall not be released unless expressly
24		permitted by State or federal law.
25		(Source: P.A. 104-5, eff. 1-1-26; 104-459, eff. 6-1-26.)

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1		(20 ILCS 2630/3.4 new)
2		Sec. 3.4. Criminal history background checks for qualified
3		entities.
4		(a) The National Child Protection Act of 1993, as amended
5		by the Volunteers for Children Act and the Child Protection
6		Improvements Act of 2018, authorizes states to allow
7		nationwide background checks for individuals who have access
8		to children through qualified entities, including businesses
9		and organizations under contract with qualified entities to
10		work with vulnerable populations. It is hereby declared as a
11		matter of legislative determination that in order to promote
12		and protect the health, safety, and welfare of children, the
13		elderly, and individuals with disabilities, it is necessary
14		and in the public interest to allow nationwide background
15		checks as authorized by the National Child Protection Act of
16		1993, as amended by the Volunteers for Children Act and the
17		Child Protection Improvements Act of 2018.
18		(b) As used in this Section:
19		"Applicant" includes any person who:
20		(1) is employed by or seeks employment with a
21		qualified entity;
22		(2) is licensed or seeks licensure with a qualified
23		entity;
24		(3) volunteers or seeks to volunteer with a qualified
25		entity; or
26		(4) is contracted with or seeks to contract with a

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1		qualified entity to provide care or care placement
2		services.
3		"Care" means the provision of care, treatment, education,
4		training, instruction, supervision, or recreation to children,
5		the elderly, or individuals with disabilities.
6		"Qualified entity" means a business or organization,
7		whether public, private, operated for profit, operated not for
8		profit, or voluntary, which provides care or care placement
9		services, including a business, organization, or governmental
10		agency that licenses or certifies others to provide care or
11		care placement services for children, the elderly, or
12		individuals with disabilities.
13		(c) The Illinois State Police shall conduct a State and
14		national criminal history background check on an applicant if
15		a qualified entity submits:
16		(1) a request to the Illinois State Police to perform
17		a State and national background check on the applicant in
18		a form and manner prescribed by the Illinois State Police,
19		which includes a statement containing the name, address,
20		and date of birth appearing on a valid identification card
21		or document issued by the State to the applicant;
22		(2) a waiver on a form approved by the Illinois State
23		Police that is signed by the applicant allowing the
24		release of the State and national criminal history record
25		information to the qualified entity;
26		(3) the applicant's fingerprints in an electronic

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1		format that complies with the form and manner for
2		requesting and furnishing criminal history record
3		information prescribed by the Illinois State Police; and
4		(4) any fee prescribed by the Illinois State Police.
5		(d) The Illinois State Police may charge a fee for
6		conducting a background check under this Section. The fee
7		shall be deposited into the State Police Services Fund and
8		shall not exceed the actual cost of the records check.
9		(e) The Illinois State Police shall ensure that the
10		applicant is provided written notice of the applicant's right
11		to obtain a copy of all records that the Illinois State Police
12		shall provide to the qualified entity. If the Illinois State
13		Police receives notice from the applicant that the applicant
14		wants a copy of the records provided to the qualified entity,
15		then the Illinois State Police shall provide the applicant
16		with a copy of all the records that the Illinois State Police
17		provided to the qualified entity.
18		(f) The Illinois State Police shall ensure that the
19		applicant is provided written notice of the applicant's right
20		to challenge any records that the Illinois State Police shall
21		provide to the qualified entity and the procedures for
22		correcting or updating the records. The Illinois State Police
23		shall make a determination of the validity of a challenge
24		concerning Illinois records made by the applicant. If the
25		Illinois State Police determines that the Illinois records
26		provided to a qualified entity were inaccurate, then the

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1		Illinois State Police shall provide updated records to the
2		qualified entity and the applicant.
3		(g) A criminal background check conducted under this
4		Section does not constitute compliance with any background
5		check required by law.
6		(h) Upon positive identification, the Illinois State
7		Police shall provide the qualified entity with records of the
8		applicant's conviction of or entry of a plea of guilty or nolo
9		contendere, finding of guilt, jury verdict, or entry of
10		judgment or sentencing, including, but not limited to,
11		convictions, preceding sentences of supervision, conditional
12		discharge, or first offender probation, under the laws of any
13		jurisdiction of the United States that is a felony or crime
14		directly related to providing care.
15		(i) Nothing in this Section shall be interpreted to
16		require the Illinois State Police to make an eligibility
17		determination on behalf of any qualified entity.
18		(j) Any information received by a qualified entity under
19		this Section shall be used solely for internal purposes in
20		determining the suitability of an applicant. The dissemination
21		of criminal history information from the Federal Bureau of
22		Investigation beyond the authorized state agency or qualified
23		entity is prohibited. All criminal record check information
24		shall be confidential.
25		(k) Nothing in this Section shall be interpreted to expand
26		a government agency's or qualified entity's authority to

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1		access juvenile, sealed, or expunged records as established by
2		State and federal law.
3		(l) Fingerprints submitted under this Section shall be
4		transmitted through a livescan fingerprint vendor licensed by
5		the Department of Financial and Professional Regulation. The
6		fingerprints submitted under this Section shall be checked
7		against the records, now and hereafter filed, in the Illinois
8		State Police and Federal Bureau of Investigation criminal
9		history databases, including, but not limited to, civil,
10		criminal, and latent fingerprint databases. The fingerprints
11		shall be checked against the records in the Illinois State
12		Police databases prior to being submitted to the Federal
13		Bureau of Investigation.
14		(m) Contractors who have or seek to have a contract with a
15		qualified entity to provide care or care placement services
16		meet the definition of "employed by" for the purposes of the
17		National Child Protection Act of 1993, as amended by the
18		Volunteers for Children Act and the Child Protection
19		Improvements Act of 2018.
20		(n) The Illinois State Police may adopt rules to implement
21		this Section.
22		Section 10. The Child Care Act of 1969 is amended by
23		changing Section 4.1 as follows:
24		(225 ILCS 10/4.1)  (from Ch. 23, par. 2214.1)

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1		(Text of Section before amendment by P.A. 103-594)
2		Sec. 4.1. Criminal background investigations.
3		(a) In this Section, "third-party vendor" means a
4		third-party fingerprinting vendor who is licensed by the
5		Department of Financial and Professional Regulation and
6		regulated by 68 Ill. Adm. Code 1240.600.
7		(b) The Department shall require that each child care
8		facility license applicant as part of the application process,
9		and each employee and volunteer of a child care facility or
10		non-licensed service provider, as a condition of employment,
11		authorize an investigation to determine if such applicant,
12		employee, or volunteer has ever been charged with a crime and
13		if so, the disposition of those charges; this authorization
14		shall indicate the scope of the inquiry and the agencies which
15		may be contacted. An employee or volunteer of a day care
16		center, day care home, or group day care home shall authorize
17		an investigation every 5 years, as required under the Child
18		Care and Development Block Grant. A child care facility,
19		non-licensed service provider, day care center, group day care
20		home, or day care home may authorize the Department or a
21		third-party vendor to collect fingerprints for the
22		investigation. If a third-party vendor is used for
23		fingerprinting, then the child care facility, non-licensed
24		service provider, day care center, group day care home, or day
25		care home shall pay the third-party vendor for that service
26		directly. If a child care facility, non-licensed service

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1		provider, day care center, group day care home, or day care
2		home authorizes the Department or a third-party vendor to
3		collect fingerprints for the investigation, the Director shall
4		request and receive information and assistance from any
5		federal, State, or local governmental agency as part of the
6		authorized investigation. Each applicant, employee, or
7		volunteer of a child care facility or non-licensed service
8		provider shall submit the applicant's, employee's, or
9		volunteer's fingerprints to the Illinois State Police in the
10		form and manner prescribed by the Illinois State Police. These
11		fingerprints shall be checked against the fingerprint records
12		now and hereafter filed in the Illinois State Police and
13		Federal Bureau of Investigation criminal history records
14		databases. The Illinois State Police shall charge a fee for
15		conducting the criminal history records check, which shall be
16		deposited into in the State Police Services Fund and shall not
17		exceed the actual cost of the records check. The Illinois
18		State Police shall provide information concerning any criminal
19		charges, and their disposition, now or hereafter filed,
20		against an applicant, employee, or volunteer of a child care
21		facility or non-licensed service provider upon request of the
22		Department of Children and Family Services when the request is
23		made in the form and manner required by the Illinois State
24		Police.
25		Information concerning convictions of a license applicant,
26		employee, or volunteer of a child care facility or

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1		non-licensed service provider investigated under this Section,
2		including the source of the information and any conclusions or
3		recommendations derived from the information, shall be
4		provided, upon request, to such applicant, employee, or
5		volunteer of a child care facility or non-licensed service
6		provider prior to final action by the Department on the
7		application. State conviction information provided by the
8		Illinois State Police regarding employees, prospective
9		employees, or volunteers of non-licensed service providers and
10		child care facilities licensed under this Act shall be
11		provided to the operator of such facility, and, upon request,
12		to the employee, prospective employee, or volunteer of a child
13		care facility or non-licensed service provider. Any
14		information concerning criminal charges and the disposition of
15		such charges obtained by the Department shall be confidential
16		and may not be transmitted outside the Department, except as
17		required herein, and may not be transmitted to anyone within
18		the Department except as needed for the purpose of evaluating
19		an application or an employee or volunteer of a child care
20		facility or non-licensed service provider. Only information
21		and standards which bear a reasonable and rational relation to
22		the performance of a child care facility shall be used by the
23		Department or any licensee. Any employee of the Department of
24		Children and Family Services, Illinois State Police, or a
25		child care facility receiving confidential information under
26		this Section who gives or causes to be given any confidential

HB5099 Engrossed - 21 - LRB104 18527 KTG 31970 b
1		information concerning any criminal convictions of an
2		applicant, employee, or volunteer of a child care facility or
3		non-licensed service provider, shall be guilty of a Class A
4		misdemeanor unless release of such information is authorized
5		by this Section.
6		The Department of Children and Family Services, through
7		June 30, 2026, or the Department of Early Childhood, on and
8		after July 1, 2026, shall allow day care centers, day care
9		homes, and group day care homes to hire, on a probationary
10		basis, any employee or volunteer authorizing a criminal
11		background investigation under this Section after receiving a
12		qualifying result, as determined by the Department of Children
13		and Family Services or the Department of Early Childhood,
14		whichever is applicable, pursuant to this Act, from either:
15		(1) the Federal Bureau of Investigation fingerprint
16		criminal background check; or
17		(2) the Illinois State Police fingerprint criminal
18		background check and a criminal record check of the
19		criminal repository of each state in which the employee or
20		volunteer resided during the preceding 5 years.
21		Pending full clearance of all background check
22		requirements, the prospective employee or volunteer must be
23		supervised at all times by an individual who received a
24		qualifying result on all background check components.
25		Employees and volunteers of a day care center, day care home,
26		or group day care home shall be notified prior to hiring that

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1		such employment may be terminated on the basis of criminal
2		background information obtained by the facility.
3		(Source: P.A. 103-22, eff. 8-8-23; 103-1072, eff. 1-1-26;
4		104-307, eff. 1-1-26; revised 10-27-25.)
5		(Text of Section after amendment by P.A. 103-594)
6		Sec. 4.1. Criminal background investigations.
7		(a) In this Section, "third-party vendor" means a
8		third-party fingerprinting vendor who is licensed by the
9		Department of Financial and Professional Regulation and
10		regulated by 68 Ill. Adm. Code 1240.600.
11		(b) The Department of Children and Family Services or the
12		Department of Early Childhood shall require that each child
13		care facility license applicant under the agencies' respective
14		authority as part of the application process, and each
15		employee and volunteer of a child care facility or
16		non-licensed service provider, as a condition of employment,
17		authorize an investigation to determine if such applicant,
18		employee, or volunteer has ever been charged with a crime and
19		if so, the disposition of those charges; this authorization
20		shall indicate the scope of the inquiry and the agencies which
21		may be contacted. An employee or volunteer of a day care
22		center, day care home, or group day care home shall authorize
23		an investigation every 5 years, as required under the Child
24		Care and Development Block Grant. A child care facility,
25		non-licensed service provider, day care center, group day care

HB5099 Engrossed - 23 - LRB104 18527 KTG 31970 b
1		home, or day care home may authorize the Department of
2		Children and Family Services, the Department of Early
3		Childhood, or a third-party vendor to collect fingerprints for
4		the investigation. If a third-party vendor is used for
5		fingerprinting, then the child care facility, non-licensed
6		service provider, day care center, group day care home, or day
7		care home shall pay the third-party vendor for that service
8		directly. If a child care facility, non-licensed service
9		provider, day care center, group day care home, or day care
10		home authorizes the Department of Children and Family
11		Services, the Department of Early Childhood, or a third-party
12		vendor to collect fingerprints for the investigation, the
13		Director of Children and Family Services or the Secretary of
14		Early Childhood shall request and receive information and
15		assistance from any federal, State, or local governmental
16		agency as part of the authorized investigation. Each
17		applicant, employee, or volunteer of a child care facility or
18		non-licensed service provider shall submit the applicant's,
19		employee's, or volunteer's fingerprints to the Illinois State
20		Police in the form and manner prescribed by the Illinois State
21		Police. These fingerprints shall be checked against the
22		fingerprint records now and hereafter filed in the Illinois
23		State Police and Federal Bureau of Investigation criminal
24		history records databases. The Illinois State Police shall
25		charge a fee for conducting the criminal history records
26		check, which shall be deposited into in the State Police

HB5099 Engrossed - 24 - LRB104 18527 KTG 31970 b
1		Services Fund and shall not exceed the actual cost of the
2		records check. The Illinois State Police shall provide
3		information concerning any criminal charges, and their
4		disposition, now or hereafter filed, against an applicant,
5		employee, or volunteer of a child care facility or
6		non-licensed service provider upon request of the Department
7		of Children and Family Services or the Department of Early
8		Childhood when the request is made in the form and manner
9		required by the Illinois State Police.
10		Information concerning convictions of a license applicant,
11		employee, or volunteer of a child care facility or
12		non-licensed service provider investigated under this Section,
13		including the source of the information and any conclusions or
14		recommendations derived from the information, shall be
15		provided, upon request, to such applicant, employee, or
16		volunteer of a child care facility or non-licensed service
17		provider prior to final action by the Department of Children
18		and Family Services or the Department of Early Childhood under
19		the agencies' respective authority on the application. State
20		conviction information provided by the Illinois State Police
21		regarding employees, prospective employees, or volunteers of
22		non-licensed service providers and child care facilities
23		licensed under this Act shall be provided to the operator of
24		such facility, and, upon request, to the employee, prospective
25		employee, or volunteer of a child care facility or
26		non-licensed service provider. Any information concerning

HB5099 Engrossed - 25 - LRB104 18527 KTG 31970 b
1		criminal charges and the disposition of such charges obtained
2		by the Department of Children and Family Services or the
3		Department of Early Childhood shall be confidential and may
4		not be transmitted outside the Department of Children and
5		Family Services or the Department of Early Childhood, except
6		as required herein, and may not be transmitted to anyone
7		within the Department of Children and Family Services or the
8		Department of Early Childhood except as needed for the purpose
9		of evaluating an application or an employee or volunteer of a
10		child care facility or non-licensed service provider. Only
11		information and standards which bear a reasonable and rational
12		relation to the performance of a child care facility shall be
13		used by the Department of Children and Family Services or the
14		Department of Early Childhood or any licensee. Any employee of
15		the Department of Children and Family Services, Department of
16		Early Childhood, Illinois State Police, or a child care
17		facility receiving confidential information under this Section
18		who gives or causes to be given any confidential information
19		concerning any criminal convictions of an applicant, employee,
20		or volunteer of a child care facility or non-licensed service
21		provider, shall be guilty of a Class A misdemeanor unless
22		release of such information is authorized by this Section.
23		The Department of Children and Family Services, through
24		June 30, 2027 2026, or the Department of Early Childhood, on
25		and after July 1, 2027 2026, shall allow day care centers, day
26		care homes, and group day care homes to hire, on a probationary

HB5099 Engrossed - 26 - LRB104 18527 KTG 31970 b
1		basis, any employee or volunteer authorizing a criminal
2		background investigation under this Section after receiving a
3		qualifying result, as determined by the Department of Children
4		and Family Services or the Department of Early Childhood,
5		whichever is applicable, pursuant to this Act, from either:
6		(1) the Federal Bureau of Investigation fingerprint
7		criminal background check; or
8		(2) the Illinois State Police fingerprint criminal
9		background check and a criminal record check of the
10		criminal repository of each state in which the employee or
11		volunteer resided during the preceding 5 years.
12		Pending full clearance of all background check
13		requirements, the prospective employee or volunteer must be
14		supervised at all times by an individual who received a
15		qualifying result on all background check components.
16		Employees and volunteers of a day care center, day care home,
17		or group day care home shall be notified prior to hiring that
18		such employment may be terminated on the basis of criminal
19		background information obtained by the facility.
20		Beginning July 1, 2027, the authority and responsibility
21		to conduct a fingerprint-based criminal history check on
22		providers of day care at day care centers defined under
23		Section 2.09, part day child care facilities defined under
24		Section 2.10, day care homes defined under Section 2.18, and
25		group day care homes defined under Section 2.20 shall transfer
26		to the Department of Early Childhood in accordance with

HB5099 Engrossed - 27 - LRB104 18527 KTG 31970 b
1		Section 80-5 of the Department of Early Childhood Act.
2		(Source: P.A. 103-22, eff. 8-8-23; 103-594, eff. 7-1-26;
3		103-1072, eff. 1-1-26; 104-307, eff. 1-1-26; revised
4		10-27-25.)
5		Section 15. The Department of Early Childhood Act is
6		amended by changing Sections 10-15 and 20-25 as follows:
7		(325 ILCS 3/10-15)
8		Sec. 10-15. Definitions. As used in this Act:
9		(a) "Eligible infants and toddlers" means infants and
10		toddlers under 36 months of age with any of the following
11		conditions:
12		(1) Developmental delays.
13		(2) A physical or mental condition which typically
14		results in developmental delay.
15		(3) Being at risk of having substantial developmental
16		delays based on informed clinical opinion.
17		(4) Either (A) having entered the program under any of
18		the circumstances listed in paragraphs (1) through (3) of
19		this subsection but no longer meeting the current
20		eligibility criteria under those paragraphs, and
21		continuing to have any measurable delay, or (B) not having
22		attained a level of development in each area, including
23		(i) cognitive, (ii) physical (including vision and
24		hearing), (iii) language, speech, and communication, (iv)

HB5099 Engrossed - 28 - LRB104 18527 KTG 31970 b
1		social or emotional, or (v) adaptive, that is at least at
2		the mean of the child's age equivalent peers; and, in
3		addition to either item (A) or item (B), (C) having been
4		determined by the multidisciplinary individualized family
5		service plan team to require the continuation of early
6		intervention services in order to support continuing
7		developmental progress, pursuant to the child's needs and
8		provided in an appropriate developmental manner. The type,
9		frequency, and intensity of services shall differ from the
10		initial individualized family services plan because of the
11		child's developmental progress, and may consist of only
12		service coordination, evaluation, and assessments.
13		"Eligible infants and toddlers" includes any child under
14		the age of 3 who is the subject of a substantiated case of
15		child abuse or neglect as defined in the federal Child Abuse
16		Prevention and Treatment Act.
17		(b) "Developmental delay" means a delay in one or more of
18		the following areas of childhood development as measured by
19		appropriate diagnostic instruments and standard procedures:
20		cognitive; physical, including vision and hearing; language,
21		speech and communication; social or emotional; or adaptive.
22		The term means a delay of 30% or more below the mean in
23		function in one or more of those areas.
24		(c) "Physical or mental condition which typically results
25		in developmental delay" means:
26		(1) a diagnosed medical disorder or exposure to a

HB5099 Engrossed - 29 - LRB104 18527 KTG 31970 b
1		toxic substance bearing a relatively well known expectancy
2		for developmental outcomes within varying ranges of
3		developmental disabilities; or
4		(2) a history of prenatal, perinatal, neonatal or
5		early developmental events suggestive of biological
6		insults to the developing central nervous system and which
7		either singly or collectively increase the probability of
8		developing a disability or delay based on a medical
9		history.
10		(d) "Informed clinical opinion" means both clinical
11		observations and parental participation to determine
12		eligibility by a consensus of a multidisciplinary team of 2 or
13		more members based on their professional experience and
14		expertise.
15		(e) "Early intervention services" means services which:
16		(1) are designed to meet the developmental needs of
17		each child eligible under this Act and the needs of his or
18		her family;
19		(2) are selected in collaboration with the child's
20		family;
21		(3) are provided under public supervision;
22		(4) are provided at no cost except where a schedule of
23		sliding scale fees or other system of payments by families
24		has been adopted in accordance with State and federal law;
25		(5) are designed to meet an infant's or toddler's
26		developmental needs in any of the following areas:

HB5099 Engrossed - 30 - LRB104 18527 KTG 31970 b
1		(A) physical development, including vision and
2		hearing,
3		(B) cognitive development,
4		(C) communication development,
5		(D) social or emotional development, or
6		(E) adaptive development;
7		(6) meet the standards of the State, including the
8		requirements of this Act;
9		(7) include one or more of the following:
10		(A) family training,
11		(B) social work services, including counseling,
12		and home visits,
13		(C) special instruction,
14		(D) speech, language pathology and audiology,
15		(E) occupational therapy,
16		(F) physical therapy,
17		(G) psychological services,
18		(H) service coordination services,
19		(I) medical services only for diagnostic or
20		evaluation purposes,
21		(J) early identification, screening, and
22		assessment services,
23		(K) health services specified by the lead agency
24		as necessary to enable the infant or toddler to
25		benefit from the other early intervention services,
26		(L) vision services,

HB5099 Engrossed - 31 - LRB104 18527 KTG 31970 b
1		(M) transportation,
2		(N) assistive technology devices and services,
3		(O) nursing services,
4		(P) nutrition services, and
5		(Q) sign language and cued language services;
6		(8) are provided by qualified personnel, including but
7		not limited to:
8		(A) child development specialists or special
9		educators, including teachers of children with hearing
10		impairments (including deafness) and teachers of
11		children with vision impairments (including
12		blindness),
13		(B) speech and language pathologists and
14		audiologists,
15		(C) occupational therapists,
16		(D) physical therapists,
17		(E) social workers,
18		(F) nurses,
19		(G) dietitian nutritionists,
20		(H) vision specialists, including ophthalmologists
21		and optometrists,
22		(I) psychologists, and
23		(J) physicians;
24		(9) are provided in conformity with an Individualized
25		Family Service Plan;
26		(10) are provided throughout the year; and

HB5099 Engrossed - 32 - LRB104 18527 KTG 31970 b
1		(11) are provided in natural environments, to the
2		maximum extent appropriate, which may include the home and
3		community settings, unless justification is provided
4		consistent with federal regulations adopted under Sections
5		1431 through 1444 of Title 20 of the United States Code.
6		(f) "Individualized Family Service Plan" or "Plan" means a
7		written plan for providing early intervention services to a
8		child eligible under this Act and the child's family, as set
9		forth in Section 10-65.
10		(g) "Local interagency agreement" means an agreement
11		entered into by local community and State and regional
12		agencies receiving early intervention funds directly from the
13		State and made in accordance with State interagency agreements
14		providing for the delivery of early intervention services
15		within a local community area.
16		(h) "Council" means the Illinois Interagency Council on
17		Early Intervention established under Section 10-30.
18		(i) "Lead agency" means the Department of Early Childhood
19		which is the State agency responsible for administering this
20		Act and receiving and disbursing public funds received in
21		accordance with State and federal law and rules.
22		(i-5) "Central billing office" means the central billing
23		office created by the lead agency under Section 10-75.
24		(j) "Child find" means a service which identifies eligible
25		infants and toddlers.
26		(k) "Regional intake entity" means the lead agency's

HB5099 Engrossed - 33 - LRB104 18527 KTG 31970 b
1		designated entity responsible for implementation of the Early
2		Intervention Services System within its designated geographic
3		area.
4		(l) "Early intervention provider" means an individual who
5		is qualified, as defined by the lead agency, to provide one or
6		more types of early intervention services, and who has
7		enrolled as a provider in the early intervention program.
8		(m) "Fully credentialed early intervention provider" means
9		an individual who has met the standards in the State
10		applicable to the relevant profession, and has met such other
11		qualifications as the lead agency has determined are suitable
12		for personnel providing early intervention services, including
13		pediatric experience, education, and continuing education. The
14		lead agency shall establish these qualifications by rule filed
15		no later than 180 days after the effective date of this Act.
16		(n) "Telehealth" has the meaning given to that term in
17		Section 5 of the Telehealth Act.
18		(o) "Department" means Department of Early Childhood
19		unless otherwise specified.
20		(Source: P.A. 103-594, eff. 6-25-24.)
21		(325 ILCS 3/20-25)
22		Sec. 20-25. Licensing day care facilities.
23		(a) Beginning July 1, 2024, the Department of Early
24		Childhood and the Department of Children and Family Services
25		shall collaborate and plan for the transition of

HB5099 Engrossed - 34 - LRB104 18527 KTG 31970 b
1		administrative responsibilities related to licensing day care
2		centers, day care homes, and group day care homes as
3		prescribed throughout the Child Care Act of 1969.
4		(b) Beginning July 1, 2026, the Department of Early
5		Childhood shall manage all facets of licensing for day care
6		centers, day care homes, and group day care homes as
7		prescribed throughout the Child Care Act of 1969.
8		(c) Beginning July 1, 2027, the authority and
9		responsibility to conduct a fingerprint-based criminal history
10		check on providers of day care at day care centers defined
11		under Section 2.09 of the Child Care Act of 1969, part day
12		child care facilities defined under Section 2.10 of the Child
13		Care Act of 1969, day care homes defined under Section 2.18 of
14		the Child Care Act of 1969, and group day care homes defined
15		under Section 2.20 of the Child Care Act of 1969 shall transfer
16		to the Department of Early Childhood in accordance with
17		Section 80-5 of this Act.
18		(Source: P.A. 103-594, eff. 6-25-24.)
19		Section 95. No acceleration or delay. Where this Act makes
20		changes in a statute that is represented in this Act by text
21		that is not yet or no longer in effect (for example, a Section
22		represented by multiple versions), the use of that text does
23		not accelerate or delay the taking effect of (i) the changes
24		made by this Act or (ii) provisions derived from any other
25		Public Act.

HB5099 Engrossed - 35 - LRB104 18527 KTG 31970 b
1		Section 99. Effective date. This Act takes effect upon
2		becoming law, except that Section 10 takes effect July 1, 2026
3		and Section 15 takes effect July 1, 2027.