HB4138 - 104th General Assembly (2025-2026)

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Last Action
4/21/2026 - Senate: Referred to Assignments
Statutes Amended In Order of Appearance
725 ILCS 5/108-10  from 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
DateChamberAction
9/25/2025HouseFiled with the Clerk by Rep. Patrick Windhorst
10/15/2025HouseFirst Reading
10/15/2025HouseReferred to Rules Committee
2/11/2026HouseAssigned to Judiciary - Criminal Committee
2/24/2026HouseDo Pass / Short Debate Judiciary - Criminal Committee; 014-000-000
2/25/2026HousePlaced on Calendar 2nd Reading - Short Debate
2/26/2026HouseAdded Co-Sponsor Rep. Lisa Davis
2/26/2026HouseAdded Co-Sponsor Rep. Angelica Guerrero-Cuellar
2/26/2026HouseAdded Co-Sponsor Rep. Rick Ryan
2/26/2026HouseAdded Co-Sponsor Rep. Patrick Sheehan
3/03/2026HouseHouse Floor Amendment No. 1 Filed with Clerk by Rep. Patrick Windhorst
3/03/2026HouseHouse Floor Amendment No. 1 Referred to Rules Committee
3/18/2026HouseHouse Floor Amendment No. 1 Rules Refers to Judiciary - Criminal Committee
4/10/2026HouseSecond Reading - Short Debate
4/10/2026HouseHeld on Calendar Order of Second Reading - Short Debate
4/14/2026HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Patrick Windhorst
4/14/2026HouseHouse Floor Amendment No. 2 Referred to Rules Committee
4/14/2026HouseHouse Floor Amendment No. 2 Rules Refers to Judiciary - Criminal Committee
4/15/2026HouseHouse Floor Amendment No. 2 Recommends Be Adopted Judiciary - Criminal Committee; 015-000-000
4/15/2026HouseState Mandates Fiscal Note Requested by Rep. Sonya M. Harper
4/16/2026HouseState Mandates Fiscal Note Requested - Withdrawn by Rep. Sonya M. Harper
4/17/2026HouseHouse Floor Amendment No. 2 Adopted
4/17/2026HousePlaced on Calendar Order of 3rd Reading - Short Debate
4/17/2026HouseThird Reading - Short Debate - Passed 104-000-000
4/17/2026HouseHouse Floor Amendment No. 1 Tabled
4/21/2026SenateArrive in Senate
4/21/2026SenatePlaced on Calendar Order of First Reading
4/21/2026SenateChief Senate Sponsor Sen. Dale Fowler
4/21/2026SenateFirst Reading
4/21/2026SenateReferred to Assignments