FEDERAL BACKGROUND CHECKS

Illinois General Assembly - Full Text of HB5217

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HB5217 - 104th General Assembly

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HB5217 Engrossed
LRB104 19969 RTM 33419 b
1

AN ACT concerning State government.

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

HB5217 Engrossed
- 2 -
LRB104 19969 RTM 33419 b
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

HB5217 Engrossed
- 3 -
LRB104 19969 RTM 33419 b
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

HB5217 Engrossed
- 4 -
LRB104 19969 RTM 33419 b
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

HB5217 Engrossed
- 5 -
LRB104 19969 RTM 33419 b
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

HB5217 Engrossed
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LRB104 19969 RTM 33419 b
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

HB5217 Engrossed
- 7 -
LRB104 19969 RTM 33419 b
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

HB5217 Engrossed
- 8 -
LRB104 19969 RTM 33419 b
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

HB5217 Engrossed
- 9 -
LRB104 19969 RTM 33419 b
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

HB5217 Engrossed
- 10 -
LRB104 19969 RTM 33419 b
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

HB5217 Engrossed
- 11 -
LRB104 19969 RTM 33419 b
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

HB5217 Engrossed
- 12 -
LRB104 19969 RTM 33419 b
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.)

HB5217 Engrossed
- 13 -
LRB104 19969 RTM 33419 b
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

HB5217 Engrossed
- 14 -
LRB104 19969 RTM 33419 b
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

HB5217 Engrossed
- 15 -
LRB104 19969 RTM 33419 b
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

HB5217 Engrossed
- 16 -
LRB104 19969 RTM 33419 b
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

HB5217 Engrossed
- 17 -
LRB104 19969 RTM 33419 b
1
access juvenile, sealed, or expunged records as established by
2
State and federal law.
3

(1) Fingerprints submitted under this Section shall be
4
transmitted through a livescan fingerprint vendor licensed by
5
the Department of Professional Regulations. The fingerprints
6
submitted under this Section shall be checked against the
7
records, now and hereafter filed, in the Illinois State Police
8
and Federal Bureau of Investigation criminal history
9
databases, including, but not limited to, civil, criminal, and
10
latent fingerprint databases. The fingerprints shall be
11
checked against the records in the Illinois State Police
12
databases prior to being submitted to the Federal Bureau of
13
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 95.
No acceleration or delay.
Where this Act makes
23
changes in a statute that is represented in this Act by text
24
that is not yet or no longer in effect (for example, a Section
25
represented by multiple versions), the use of that text does

HB5217 Engrossed
- 18 -
LRB104 19969 RTM 33419 b
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not accelerate or delay the taking effect of (i) the changes
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made by this Act or (ii) provisions derived from any other
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Public Act.

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Section 99.
Effective date.
This Act takes effect upon
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becoming law.

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ADA

|
Disclaimers
|
Learn