IllinoisHB5099104th General Assembly (2025–2026)House

DEC-DAY CARE CRIMINAL CHECKS

Sponsored By: Sponsor information unavailable

Signed by Governor

Summary

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.

child care accessibility & early childhood educationassignmentseducation

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 2 benefits, 0 costs, 1 mixed.

Care worker checks with capped fees

Illinois State Police must run state and FBI checks when qualified care organizations submit requests, signed permission, and fingerprints. Covered organizations serve children, older adults, or people with disabilities; applicants include workers, volunteers, license applicants, and contractors. Fingerprints must go through a state-licensed livescan vendor. Results cover specified felony convictions and related outcomes, plus crimes directly related to care. Police may charge up to the check’s actual cost; fees go into the State Police Services Fund.

Privacy and correction rights for applicants

Criminal records reported to Illinois State Police stay confidential unless state or federal law expressly allows release. Care organizations may use check results only internally to assess applicants; FBI records cannot go beyond authorized agencies or organizations. Police must tell applicants in writing how to request copies, challenge records, and seek corrections or updates. Police must provide copies when asked. When Police find Illinois records inaccurate, they must send updated records to both the applicant and the organization.

Day care workers can start provisionally

Day care centers, homes, and group homes can provisionally hire employees or volunteers who authorize background checks. Applicants need qualifying FBI fingerprint results, or qualifying Illinois fingerprint results plus checks from every residence state during the past 5 years. Until all checks finish, someone cleared on every check must supervise them at all times. Before hiring, applicants must be told that criminal background information may lead to termination. The Department of Early Childhood takes over this hiring rule on July 1, 2026, from Children and Family Services. Fingerprint-check authority for these settings and part-day child care facilities stays with Children and Family Services through June 30, 2027, transferring July 1, 2027.

Sponsors & Cosponsors

Sponsors

There is no primary sponsor on record.

Cosponsors

  • Jason Plummer

    Republican • Senate

  • Joyce Mason

    Democratic • House

  • Julie A. Morrison

    Democratic • Senate

  • Sharon Chung

    Democratic • House

Roll Call Votes

All Roll Calls

Yes: 197 • No: 0

Senate vote • 5/21/2026

Third Reading - Passed;

Yes: 59 • No: 0

Senate vote • 5/6/2026

Do Pass Education;

Yes: 14 • No: 0

House vote • 4/15/2026

Third Reading - Short Debate - Passed

Yes: 112 • No: 0

House vote • 3/26/2026

Do Pass as Amended / Short Debate Child Care Accessibility & Early Childhood Education;

Yes: 12 • No: 0

Actions Timeline

  1. Public Act . . . . . . . . . 104-0692

    7/31/2026House
  2. Effective Date July 1, 2027; some provisions effective

    7/31/2026House
  3. Effective Date July 31, 2026; some provisions effective

    7/31/2026House
  4. Governor Approved

    7/31/2026House
  5. Sent to the Governor

    6/18/2026House
  6. Passed Both Houses

    5/21/2026House
  7. Third Reading - Passed; 059-000-000

    5/21/2026Senate
  8. Added as Alternate Co-Sponsor Sen. Jason Plummer

    5/21/2026Senate
  9. Placed on Calendar Order of 3rd Reading **

    5/19/2026Senate
  10. Placed on Calendar Order of 3rd Reading May 18, 2026

    5/14/2026Senate
  11. Second Reading

    5/14/2026Senate
  12. Placed on Calendar Order of 2nd Reading May 7, 2026

    5/6/2026Senate
  13. Do Pass Education; 014-000-000

    5/6/2026Senate
  14. Assigned to Education

    4/28/2026Senate
  15. Referred to Assignments

    4/16/2026Senate
  16. First Reading

    4/16/2026Senate
  17. Chief Senate Sponsor Sen. Julie A. Morrison

    4/16/2026Senate
  18. Placed on Calendar Order of First Reading

    4/16/2026Senate
  19. Arrive in Senate

    4/16/2026Senate
  20. Added Chief Co-Sponsor Rep. Sharon Chung

    4/15/2026House
  21. Third Reading - Short Debate - Passed 112-000-000

    4/15/2026House
  22. Placed on Calendar Order of 3rd Reading - Short Debate

    4/15/2026House
  23. Held on Calendar Order of Second Reading - Short Debate

    4/10/2026House
  24. Second Reading - Short Debate

    4/10/2026House
  25. Placed on Calendar 2nd Reading - Short Debate

    3/26/2026House

Bill Text

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