HB5099 - 104th General Assembly (2025-2026)
DEC-DAY CARE CRIMINAL CHECKS
Last Action
3/26/2026 - House: Placed on Calendar 2nd Reading - Short Debate
Hearings
Child Care Accessibility & Early Childhood Education Hearing Mar 26 2026 10:00AM Stratton Building Room D-1 Springfield, IL - House Committee Amendment 1
Statutes Amended In Order of Appearance
Synopsis As Introduced
Amends the Department of Early Childhood Act. Provides that beginning July 1, 2026, the authority and responsibility to conduct a fingerprint-based criminal history check on providers of day care at day care centers, part day child care facilities, day care homes, and group day care homes shall transfer to the Department of Early Childhood from the Department of Children and Family Services. Provides that the Department shall require that each day care license applicant and each applicant, employee, and volunteer of a licensed day care facility to authorize an investigation to determine if such applicant, employee, or volunteer has ever been charged with a crime and if so, the disposition of those charges. Contains provisions on the submission of such persons' fingerprints to the Illinois State Police to be checked for a fee against State and federal criminal history record databases. Provides that any conviction information obtained during the criminal history records checks shall be provided, upon request, to the applicant, employee, and volunteer. Contains provisions on the probationary hiring of employees or volunteers authorizing a criminal background investigation. Makes conforming changes to the Child Care Act of 1969. Effective July 1, 2026.
House Committee Amendment No. 1
Adds reference to:
Replaces everything after the enacting clause. Amends the Department of Early Childhood Act. Provides that beginning July 1, 2027, the authority and responsibility to conduct a fingerprint-based criminal history check on providers of day care at day care centers, part day child care facilities, day care homes, and group day care homes shall transfer to the Department of Early Childhood from the Department of Children and Family Services. Provides that the Department of Children and Family Services, through June 30, 2027 (rather than June 30, 2026), or the Department of Early Childhood, on and after July 1, 2027 (rather than July 1, 2026), shall allow day care centers, day care homes, and group day care homes to hire, on a probationary basis, any employee or volunteer authorizing a criminal background investigation. Amends the Criminal Identification Act. Provides that information reported to the Illinois State Police under the Act is confidential and shall not be released unless expressly permitted by State or federal law. Provides that the Illinois State Police shall conduct a criminal history background check on an applicant if a qualified entity submits: (1) a request to the Illinois State Police to perform a State and national background check on the applicant in a form and manner prescribed by the Illinois State Police that includes a statement containing the name, address, and date of birth appearing on a valid identification card or document issued by the State to the applicant; (2) a waiver on a form approved by the Illinois State Police that is signed by the applicant allowing the release of the State and national criminal history record information to the qualified entity; (3) the applicant's fingerprints in an electronic format that complies with the form and manner for requesting and furnishing criminal history record information prescribed by the Illinois State Police; and (4) any fee prescribed by the Illinois State Police. Provides that, upon positive identification, the Illinois State Police shall provide the qualified entity with records of the applicant's conviction of or entry of a plea of guilty or nolo contendere, finding of guilt, jury verdict, or entry of judgment or sentencing, including, but not limited to, convictions, preceding sentences of supervision, conditional discharge, or first offender probation, under the laws of any jurisdiction of the United States that is a felony or any crime directly related to providing care, treatment, education, training, instruction, supervision, or recreation to children, the elderly, or individuals with disabilities. Provides that any information received by a qualified entity under the provisions shall be used solely for internal purposes in determining the suitability of an applicant. Provides that a background check conducted under the provisions does not constitute compliance with any background check required by law. Provides that, if the Illinois State Police determines that the Illinois records provided to a qualified entity were inaccurate, then the Illinois State Police shall provide updated records to the qualified entity and the applicant. Defines terms. Makes other changes. Makes the bill effective immediately, except that the amendatory changes made to the Child Care Act of 1969 take effect July 1, 2026 and the amendatory changes made to the Department of Early Childhood Act take effect July 1, 2027.
Actions
| Date | Chamber | Action |
|---|---|---|
| 2/05/2026 | House | Filed with the Clerk by Rep. Joyce Mason |
| 2/10/2026 | House | First Reading |
| 2/10/2026 | House | Referred to Rules Committee |
| 3/12/2026 | House | Assigned to Child Care Accessibility & Early Childhood Education |
| 3/18/2026 | House | House Committee Amendment No. 1 Filed with Clerk by Rep. Joyce Mason |
| 3/18/2026 | House | House Committee Amendment No. 1 Referred to Rules Committee |
| 3/20/2026 | House | House Committee Amendment No. 1 Rules Refers to Child Care Accessibility & Early Childhood Education |
| 3/26/2026 | House | House Committee Amendment No. 1 Adopted in Child Care Accessibility & Early Childhood Education; by Voice Vote |
| 3/26/2026 | House | Do Pass as Amended / Short Debate Child Care Accessibility & Early Childhood Education; 012-000-000 |
| 3/26/2026 | House | Placed on Calendar 2nd Reading - Short Debate |