|
| | 104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4138 Introduced 10/15/2025, by Rep. Patrick Windhorst SYNOPSIS AS INTRODUCED:
| | 725 ILCS 5/108-10 | from Ch. 38, par. 108-10 |
| 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. |
| |
| | A BILL FOR |
|
|
| | HB4138 | | LRB104 15465 RLC 28623 b |
|
|
| 1 | | AN ACT concerning criminal law.
|
| 2 | | Be it enacted by the People of the State of Illinois, |
| 3 | | represented in the General Assembly:
|
| 4 | | Section 5. The Code of Criminal Procedure of 1963 is |
| 5 | | amended by changing Section 108-10 as follows:
|
| 6 | | (725 ILCS 5/108-10) (from Ch. 38, par. 108-10) |
| 7 | | Sec. 108-10. Return to court of things seized. |
| 8 | | A return of all instruments, articles or things seized |
| 9 | | shall be made without unnecessary delay before the judge |
| 10 | | issuing the warrant or before any judge named in the warrant or |
| 11 | | before any court of competent jurisdiction. Telecommunications |
| 12 | | carriers shall return all electronic instruments, articles, or |
| 13 | | things within 36 hours if the search warrant was issued |
| 14 | | pursuant to an investigation of a forcible felony. An |
| 15 | | inventory of any instruments, articles or things seized shall |
| 16 | | be filed with the return and signed under oath by the officer |
| 17 | | or person executing the warrant. The judge shall upon request |
| 18 | | deliver a copy of the inventory to the person from whom or from |
| 19 | | whose premises the instruments, articles or things were taken |
| 20 | | and to the applicant for the warrant. |
| 21 | | (Source: Laws 1963, p. 2836.) |