Bill Text: IL HB5217 | 2025-2026 | 104th General Assembly | Engrossed

---

Bill Title: 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.

Sponsorship: Slight Partisan Bill (Democrat 2-1)

Status: (Engrossed) 2026-04-16 - Referred to Assignments [HB5217 Detail]

Download: Illinois-2025-HB5217-Engrossed.html

---

HB5217 Engrossed LRB104 19969 RTM 33419 b
AN ACT concerning State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Criminal Identification Act is amended by
changing Section 2.1 and by adding Section 3.4 as follows:
(20 ILCS 2630/2.1) (from Ch. 38, par. 206-2.1)
(Text of Section before amendment by P.A. 104-459)
Sec. 2.1. For the purpose of maintaining complete and
accurate criminal records of the Illinois State Police, it is
necessary for all policing bodies of this State, the clerk of
the circuit court, the Illinois Department of Corrections, the
sheriff of each county, and State's Attorney of each county to
submit certain criminal arrest, charge, and disposition
information to the Illinois State Police for filing at the
earliest time possible. Unless otherwise noted herein, it
shall be the duty of all policing bodies of this State, the
clerk of the circuit court, the Illinois Department of
Corrections, the sheriff of each county, and the State's
Attorney of each county to report such information as provided
in this Section, both in the form and manner required by the
Illinois State Police and within 30 days of the criminal
history event. Specifically:
(a) Arrest Information. All agencies making arrests

HB5217 Engrossed - 2 - LRB104 19969 RTM 33419 b
for offenses which are required by statute to be
collected, maintained or disseminated by the Illinois
State Police shall be responsible for furnishing daily to
the Illinois State Police fingerprints, charges and
descriptions of all persons who are arrested for such
offenses. All such agencies shall also notify the Illinois
State Police of all decisions by the arresting agency not
to refer such arrests for prosecution. With approval of
the Illinois State Police, an agency making such arrests
may enter into arrangements with other agencies for the
purpose of furnishing daily such fingerprints, charges and
descriptions to the Illinois State Police upon its behalf.
(b) Charge Information. The State's Attorney of each
county shall notify the Illinois State Police of all
charges filed and all petitions filed alleging that a
minor is delinquent, including all those added subsequent
to the filing of a case, and whether charges were not filed
in cases for which the Illinois State Police has received
information required to be reported pursuant to paragraph
(a) of this Section. With approval of the Illinois State
Police, the State's Attorney may enter into arrangements
with other agencies for the purpose of furnishing the
information required by this subsection (b) to the
Illinois State Police upon the State's Attorney's behalf.
(c) Disposition Information. The clerk of the circuit
court of each county shall furnish the Illinois State

HB5217 Engrossed - 3 - LRB104 19969 RTM 33419 b
Police, in the form and manner required by the Supreme
Court, with all final dispositions of cases for which the
Illinois State Police has received information required to
be reported pursuant to paragraph (a) or (d) of this
Section. Such information shall include, for each charge,
all (1) judgments of not guilty, judgments of guilty
including the sentence pronounced by the court with
statutory citations to the relevant sentencing provision,
findings that a minor is delinquent and any sentence made
based on those findings, discharges and dismissals in the
court; (2) reviewing court orders filed with the clerk of
the circuit court which reverse or remand a reported
conviction or findings that a minor is delinquent or that
vacate or modify a sentence or sentence made following a
trial that a minor is delinquent; (3) continuances to a
date certain in furtherance of an order of supervision
granted under Section 5-6-1 of the Unified Code of
Corrections or an order of probation granted under Section
10 of the Cannabis Control Act, Section 410 of the
Illinois Controlled Substances Act, Section 70 of the
Methamphetamine Control and Community Protection Act,
Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of
the Criminal Code of 1961 or the Criminal Code of 2012,
Section 10-102 of the Illinois Alcoholism and Other Drug
Dependency Act, Section 40-10 of the Substance Use
Disorder Act, Section 10 of the Steroid Control Act, or

HB5217 Engrossed - 4 - LRB104 19969 RTM 33419 b
Section 5-615 of the Juvenile Court Act of 1987; (4)
judgments or court orders terminating or revoking a
sentence to or juvenile disposition of probation,
supervision or conditional discharge and any resentencing
or new court orders entered by a juvenile court relating
to the disposition of a minor's case involving delinquency
after such revocation; and (5) in any case in which a
firearm is alleged to have been used in the commission of
an offense, the serial number of any firearm involved in
the case, or if the serial number was obliterated, as
provided by the State's Attorney to the clerk of the
circuit court at the time of disposition.
(d) Fingerprints After Sentencing.
(1) After the court pronounces sentence, sentences
a minor following a trial in which a minor was found to
be delinquent or issues an order of supervision or an
order of probation granted under Section 10 of the
Cannabis Control Act, Section 410 of the Illinois
Controlled Substances Act, Section 70 of the
Methamphetamine Control and Community Protection Act,
Section 12-4.3 or subdivision (b)(1) of Section
12-3.05 of the Criminal Code of 1961 or the Criminal
Code of 2012, Section 10-102 of the Illinois
Alcoholism and Other Drug Dependency Act, Section
40-10 of the Substance Use Disorder Act, Section 10 of
the Steroid Control Act, or Section 5-615 of the

HB5217 Engrossed - 5 - LRB104 19969 RTM 33419 b
Juvenile Court Act of 1987 for any offense which is
required by statute to be collected, maintained, or
disseminated by the Illinois State Police, the State's
Attorney of each county shall ask the court to order a
law enforcement agency to fingerprint immediately all
persons appearing before the court who have not
previously been fingerprinted for the same case. The
court shall so order the requested fingerprinting, if
it determines that any such person has not previously
been fingerprinted for the same case. The law
enforcement agency shall submit such fingerprints to
the Illinois State Police daily.
(2) After the court pronounces sentence or makes a
disposition of a case following a finding of
delinquency for any offense which is not required by
statute to be collected, maintained, or disseminated
by the Illinois State Police, the prosecuting attorney
may ask the court to order a law enforcement agency to
fingerprint immediately all persons appearing before
the court who have not previously been fingerprinted
for the same case. The court may so order the requested
fingerprinting, if it determines that any so sentenced
person has not previously been fingerprinted for the
same case. The law enforcement agency may retain such
fingerprints in its files.
(e) Corrections Information. The Illinois Department

HB5217 Engrossed - 6 - LRB104 19969 RTM 33419 b
of Corrections and the sheriff of each county shall
furnish the Illinois State Police with all information
concerning the receipt, escape, execution, death, release,
pardon, parole, commutation of sentence, granting of
executive clemency or discharge of an individual who has
been sentenced or committed to the agency's custody for
any offenses which are mandated by statute to be
collected, maintained or disseminated by the Illinois
State Police. For an individual who has been charged with
any such offense and who escapes from custody or dies
while in custody, all information concerning the receipt
and escape or death, whichever is appropriate, shall also
be so furnished to the Illinois State Police.
(f) Confidentiality of information. Information
reported to the Illinois State Police under this Act is
confidential and shall not be released unless expressly
permitted by State or federal law.
(Source: P.A. 104-5, eff. 1-1-26.)
(Text of Section after amendment by P.A. 104-459)
Sec. 2.1. For the purpose of maintaining complete and
accurate criminal records of the Illinois State Police, it is
necessary for all policing bodies of this State, the clerk of
the circuit court, the Illinois Department of Corrections, the
sheriff of each county, and State's Attorney of each county to
submit certain criminal arrest, charge, and disposition

HB5217 Engrossed - 7 - LRB104 19969 RTM 33419 b
information to the Illinois State Police for filing at the
earliest time possible. Unless otherwise noted herein, it
shall be the duty of all policing bodies of this State, the
clerk of the circuit court, the Illinois Department of
Corrections, the sheriff of each county, and the State's
Attorney of each county to report such information as provided
in this Section, both in the form and manner required by the
Illinois State Police and within 30 days of the criminal
history event. Specifically:
(a) Arrest Information. All agencies making arrests
for offenses which are required by statute to be
collected, maintained or disseminated by the Illinois
State Police shall be responsible for furnishing daily to
the Illinois State Police fingerprints, charges and
descriptions of all persons who are arrested for such
offenses. All such agencies shall also notify the Illinois
State Police of all decisions by the arresting agency not
to refer such arrests for prosecution. With approval of
the Illinois State Police, an agency making such arrests
may enter into arrangements with other agencies for the
purpose of furnishing daily such fingerprints, charges and
descriptions to the Illinois State Police upon its behalf.
(b) Charge Information. The State's Attorney of each
county shall notify the Illinois State Police of all
charges filed and all petitions filed alleging that a
minor is delinquent, including all those added subsequent

HB5217 Engrossed - 8 - LRB104 19969 RTM 33419 b
to the filing of a case, and whether charges were not filed
in cases for which the Illinois State Police has received
information required to be reported pursuant to paragraph
(a) of this Section. With approval of the Illinois State
Police, the State's Attorney may enter into arrangements
with other agencies for the purpose of furnishing the
information required by this subsection (b) to the
Illinois State Police upon the State's Attorney's behalf.
(c) Disposition Information. The clerk of the circuit
court of each county shall furnish the Illinois State
Police, in the form and manner required by the Supreme
Court, with all final dispositions of cases for which the
Illinois State Police has received information required to
be reported pursuant to paragraph (a) or (d) of this
Section. Such information shall include, for each charge,
all (1) judgments of not guilty, judgments of guilty
including the sentence pronounced by the court with
statutory citations to the relevant sentencing provision,
findings that a minor is delinquent and any sentence made
based on those findings, discharges and dismissals in the
court; (2) reviewing court orders filed with the clerk of
the circuit court which reverse or remand a reported
conviction or findings that a minor is delinquent or that
vacate or modify a sentence or sentence made following a
trial that a minor is delinquent; (3) continuances to a
date certain in furtherance of an order of supervision

HB5217 Engrossed - 9 - LRB104 19969 RTM 33419 b
granted under Section 5-6-1 of the Unified Code of
Corrections or an order of probation granted under Section
10 of the Cannabis Control Act, Section 410 of the
Illinois Controlled Substances Act, Section 70 of the
Methamphetamine Control and Community Protection Act,
Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of
the Criminal Code of 1961 or the Criminal Code of 2012,
Section 10-102 of the Illinois Alcoholism and Other Drug
Dependency Act, Section 40-10 of the Substance Use
Disorder Act, Section 10 of the Steroid Control Act, or
Section 5-615 of the Juvenile Court Act of 1987; (4)
judgments or court orders terminating or revoking a
sentence to or juvenile disposition of probation,
supervision or conditional discharge, judgment or court
orders of discharge from probation or conditional
discharge, and any resentencing or new court orders
entered by a juvenile court relating to the disposition of
a minor's case involving delinquency after such
revocation; and (5) in any case in which a firearm is
alleged to have been used in the commission of an offense,
the serial number of any firearm involved in the case, or
if the serial number was obliterated, as provided by the
State's Attorney to the clerk of the circuit court at the
time of disposition. The Illinois State Police may provide
reports of cases with missing disposition information to
the clerk of the circuit court. Each clerk of the circuit

HB5217 Engrossed - 10 - LRB104 19969 RTM 33419 b
court receiving a report of cases with missing disposition
information shall respond within 30 days after receiving
the report unless the volume of records in the report
renders that timeline impracticable.
(d) Fingerprints After Sentencing.
(1) After the court pronounces sentence, sentences
a minor following a trial in which a minor was found to
be delinquent or issues an order of supervision or an
order of probation granted under Section 10 of the
Cannabis Control Act, Section 410 of the Illinois
Controlled Substances Act, Section 70 of the
Methamphetamine Control and Community Protection Act,
Section 12-4.3 or subdivision (b)(1) of Section
12-3.05 of the Criminal Code of 1961 or the Criminal
Code of 2012, Section 10-102 of the Illinois
Alcoholism and Other Drug Dependency Act, Section
40-10 of the Substance Use Disorder Act, Section 10 of
the Steroid Control Act, or Section 5-615 of the
Juvenile Court Act of 1987 for any offense which is
required by statute to be collected, maintained, or
disseminated by the Illinois State Police, the State's
Attorney of each county shall ask the court to order a
law enforcement agency to fingerprint immediately all
persons appearing before the court who have not
previously been fingerprinted for the same case. The
court shall so order the requested fingerprinting, if

HB5217 Engrossed - 11 - LRB104 19969 RTM 33419 b
it determines that any such person has not previously
been fingerprinted for the same case. The law
enforcement agency shall submit such fingerprints to
the Illinois State Police daily.
(2) After the court pronounces sentence or makes a
disposition of a case following a finding of
delinquency for any offense which is not required by
statute to be collected, maintained, or disseminated
by the Illinois State Police, the prosecuting attorney
may ask the court to order a law enforcement agency to
fingerprint immediately all persons appearing before
the court who have not previously been fingerprinted
for the same case. The court may so order the requested
fingerprinting, if it determines that any so sentenced
person has not previously been fingerprinted for the
same case. The law enforcement agency may retain such
fingerprints in its files.
(e) Corrections Information. The Illinois Department
of Corrections and the sheriff of each county shall
furnish the Illinois State Police with all information
concerning the receipt, escape, execution, death, release,
pardon, parole, commutation of sentence, granting of
executive clemency or discharge of an individual who has
been sentenced or committed to the agency's custody for
any offenses which are mandated by statute to be
collected, maintained or disseminated by the Illinois

HB5217 Engrossed - 12 - LRB104 19969 RTM 33419 b
State Police. For an individual who has been charged with
any such offense and who escapes from custody or dies
while in custody, all information concerning the receipt
and escape or death, whichever is appropriate, shall also
be so furnished to the Illinois State Police.
(f) Any entity required to report information
concerning criminal arrests, charges, and dispositions
pursuant to Section 2.1 or 5 of this Act shall respond to
any notice advising the entity of missing or incomplete
information or an error in the reporting of the
information as follows:
(1) Responses shall be made within 30 days after
the notice from the Illinois State Police unless the
volume of records in the report renders that timeline
impracticable.
(2) Responses shall include the missing or
incomplete information, correction of the error or an
explanation detailing the reason the information
cannot be provided or corrected, and an estimated
timeframe for compliance.
(g) Confidentiality of information. Information
reported to the Illinois State Police under this Act is
confidential and shall not be released unless expressly
permitted by State or federal law.
(Source: P.A. 104-5, eff. 1-1-26; 104-459, eff. 6-1-26.)

HB5217 Engrossed - 13 - LRB104 19969 RTM 33419 b
(20 ILCS 2630/3.4 new)
Sec. 3.4. Criminal history background checks for qualified
entities.
(a) The National Child Protection Act of 1993, as amended
by the Volunteers for Children Act and the Child Protection
Improvements Act of 2018, authorizes states to allow
nationwide background checks for individuals who have access
to children through qualified entities, including businesses
and organizations under contract with qualified entities to
work with vulnerable populations. It is hereby declared as a
matter of legislative determination that in order to promote
and protect the health, safety, and welfare of children, the
elderly, and individuals with disabilities, it is necessary
and in the public interest to allow nationwide background
checks as authorized by the National Child Protection Act of
1993, as amended by the Volunteers for Children Act and the
Child Protection Improvements Act of 2018.
(b) As used in this Section:
"Applicant" includes any person who:
(1) is employed by or seeks employment with a
qualified entity;
(2) is licensed or seeks licensure with a qualified
entity;
(3) volunteers or seeks to volunteer with a qualified
entity; or
(4) is contracted with or seeks to contract with a

HB5217 Engrossed - 14 - LRB104 19969 RTM 33419 b
qualified entity to provide care or care placement
services.
"Care" means the provision of care, treatment, education,
training, instruction, supervision, or recreation to children,
the elderly, or individuals with disabilities.
"Qualified entity" means a business or organization,
whether public, private, operated for profit, operated not for
profit, or voluntary, which provides care or care placement
services, including a business, organization, or governmental
agency that licenses or certifies others to provide care or
care placement services for children, the elderly, or
individuals with disabilities.
(c) The Illinois State Police shall conduct a State and
national 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,
which 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

HB5217 Engrossed - 15 - LRB104 19969 RTM 33419 b
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.
(d) The Illinois State Police may charge a fee for
conducting a background check under this Section. The fee
shall be deposited into the State Police Services Fund and
shall not exceed the actual cost of the records check.
(e) The Illinois State Police shall ensure that the
applicant is provided written notice of the applicant's right
to obtain a copy of all records that the Illinois State Police
shall provide to the qualified entity. If the Illinois State
Police receives notice from the applicant that the applicant
wants a copy of the records provided to the qualified entity,
then the Illinois State Police shall provide the applicant
with a copy of all the records that the Illinois State Police
provided to the qualified entity.
(f) The Illinois State Police shall ensure that the
applicant is provided written notice of the applicant's right
to challenge any records that the Illinois State Police shall
provide to the qualified entity and the procedures for
correcting or updating the records. The Illinois State Police
shall make a determination of the validity of a challenge
concerning Illinois records made by the applicant. If the
Illinois State Police determines that the Illinois records
provided to a qualified entity were inaccurate, then the

HB5217 Engrossed - 16 - LRB104 19969 RTM 33419 b
Illinois State Police shall provide updated records to the
qualified entity and the applicant.
(g) A criminal background check conducted under this
Section does not constitute compliance with any background
check required by law.
(h) 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 crime
directly related to providing care.
(i) Nothing in this Section shall be interpreted to
require the Illinois State Police to make an eligibility
determination on behalf of any qualified entity.
(j) Any information received by a qualified entity under
this Section shall be used solely for internal purposes in
determining the suitability of an applicant. The dissemination
of criminal history information from the Federal Bureau of
Investigation beyond the authorized state agency or qualified
entity is prohibited. All criminal record check information
shall be confidential.
(k) Nothing in this Section shall be interpreted to expand
a government agency's or qualified entity's authority to

HB5217 Engrossed - 17 - LRB104 19969 RTM 33419 b
access juvenile, sealed, or expunged records as established by
State and federal law.
(1) Fingerprints submitted under this Section shall be
transmitted through a livescan fingerprint vendor licensed by
the Department of Professional Regulations. The fingerprints
submitted under this Section shall be checked against the
records, now and hereafter filed, in the Illinois State Police
and Federal Bureau of Investigation criminal history
databases, including, but not limited to, civil, criminal, and
latent fingerprint databases. The fingerprints shall be
checked against the records in the Illinois State Police
databases prior to being submitted to the Federal Bureau of
Investigation.
(m) Contractors who have or seek to have a contract with a
qualified entity to provide care or care placement services
meet the definition of "employed by" for the purposes of the
National Child Protection Act of 1993, as amended by the
Volunteers for Children Act and the Child Protection
Improvements Act of 2018.
(n) The Illinois State Police may adopt rules to implement
this Section.
Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does

HB5217 Engrossed - 18 - LRB104 19969 RTM 33419 b
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.
Section 99. Effective date. This Act takes effect upon
becoming law.