20 ILCS 2630/3.4: 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 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 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 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 access juvenile, sealed, or expunged records as established by State and federal law.

(l) Fingerprints submitted under this Section shall be transmitted through a livescan fingerprint vendor licensed by the Department of Financial and Professional Regulation. 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.