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HB4138 - 104th General Assembly
SEARCH WARR-ELECTRONIC-RETURN
Last Action
House Sponsors
Rep. Patrick Windhorst, Lisa Davis, Angelica Guerrero-Cuellar, Rick Ryan and Patrick SheehanSenate Sponsors
(Sen. Dale Fowler and Sally J. Turner)Statutes Amended In Order of Appearance
725 ILCS 5/108-10from Ch. 38, par. 108-10
Synopsis As Introduced
Amends the Search and Seizure Article of the Code of Criminal Procedure of 1963. Provides that telecommunications carriers shall return all electronic instruments, articles, or things within 36 hours if the search warrant was issued pursuant to an investigation of a forcible felony.
House Floor Amendment No. 2
Replaces everything after the enacting clause. Amends the Code of Criminal Procedure of 1963. Provides that telecommunications carriers shall return all electronic instruments, articles, or things within 7 business days. Provides that if the judge issuing the warrant finds exigent circumstances exist, the return of the electronic instruments, articles, or things shall be as soon as possible. Provides that the judge issuing the warrant shall make a finding of applicability of the provision and shall enter a reference to the provision upon the warrant. Provides that the amendatory Act does not affect the ability of a law enforcement agency to obtain information under the Freedom From Location Surveillance Act. Defines "exigent circumstances".
Actions
| Date | Chamber | Action |
|---|---|---|
| 9/25/2025 | House | Filed with the Clerk by Rep. Patrick Windhorst |
| 10/15/2025 | House | First Reading |
| 10/15/2025 | House | Referred to Rules Committee |
| 2/11/2026 | House | Assigned to Judiciary - Criminal Committee |
| 2/24/2026 | House | Do Pass / Short Debate Judiciary - Criminal Committee; 014-000-000 |
| 2/25/2026 | House | Placed on Calendar 2nd Reading - Short Debate |
| 2/26/2026 | House | Added Co-Sponsor Rep. Lisa Davis |
| 2/26/2026 | House | Added Co-Sponsor Rep. Angelica Guerrero-Cuellar |
| 2/26/2026 | House | Added Co-Sponsor Rep. Rick Ryan |
| 2/26/2026 | House | Added Co-Sponsor Rep. Patrick Sheehan |
| 3/03/2026 | House | House Floor Amendment No. 1 Filed with Clerk by Rep. Patrick Windhorst |
| 3/03/2026 | House | House Floor Amendment No. 1 Referred to Rules Committee |
| 3/18/2026 | House | House Floor Amendment No. 1 Rules Refers to Judiciary - Criminal Committee |
| 4/10/2026 | House | Second Reading - Short Debate |
| 4/10/2026 | House | Held on Calendar Order of Second Reading - Short Debate |
| 4/14/2026 | House | House Floor Amendment No. 2 Filed with Clerk by Rep. Patrick Windhorst |
| 4/14/2026 | House | House Floor Amendment No. 2 Referred to Rules Committee |
| 4/14/2026 | House | House Floor Amendment No. 2 Rules Refers to Judiciary - Criminal Committee |
| 4/15/2026 | House | House Floor Amendment No. 2 Recommends Be Adopted Judiciary - Criminal Committee; 015-000-000 |
| 4/15/2026 | House | State Mandates Fiscal Note Requested by Rep. Sonya M. Harper |
| 4/16/2026 | House | State Mandates Fiscal Note Requested - Withdrawn by Rep. Sonya M. Harper |
| 4/17/2026 | House | House Floor Amendment No. 2 Adopted |
| 4/17/2026 | House | Placed on Calendar Order of 3rd Reading - Short Debate |
| 4/17/2026 | House | Third Reading - Short Debate - Passed 104-000-000 |
| 4/17/2026 | House | House Floor Amendment No. 1 Tabled |
| 4/21/2026 | Senate | Arrive in Senate |
| 4/21/2026 | Senate | Placed on Calendar Order of First Reading |
| 4/21/2026 | Senate | Chief Senate Sponsor Sen. Dale Fowler |
| 4/21/2026 | Senate | First Reading |
| 4/21/2026 | Senate | Referred to Assignments |
| 4/30/2026 | Senate | Added as Alternate Co-Sponsor Sen. Sally J. Turner |