|
Rep. Patrick Windhorst
Filed: 4/14/2026
| | 10400HB4138ham002 | | LRB104 15465 RLC 36704 a |
|
|
| 1 | | AMENDMENT TO HOUSE BILL 4138
|
| 2 | | AMENDMENT NO. ______. Amend House Bill 4138 by replacing |
| 3 | | everything after the enacting clause with the following:
|
| 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) 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. |
| 12 | | (b) Telecommunications carriers shall return all |
| 13 | | electronic instruments, articles, or things within 7 business |
| 14 | | days. If the judge issuing the warrant finds exigent |
| 15 | | circumstances exist, the return of the electronic instruments, |
| 16 | | articles, or things shall be as soon as possible. For the |
|
| | 10400HB4138ham002 | - 2 - | LRB104 15465 RLC 36704 a |
|
|
| 1 | | purposes of this subsection (b), "exigent circumstances" means |
| 2 | | circumstances involving the immediate risk of harm to an |
| 3 | | individual, imminent danger to the community, or risk of |
| 4 | | flight from the jurisdiction by a suspect. The judge issuing |
| 5 | | the warrant shall make a finding of applicability of this |
| 6 | | subsection and shall enter a reference to this subsection upon |
| 7 | | the warrant. |
| 8 | | (c) Telecommunications carriers shall not charge a fee for |
| 9 | | production of the electronic instruments, articles, or things |
| 10 | | listed in the search warrant. |
| 11 | | (d) An inventory of any instruments, articles or things |
| 12 | | seized shall be filed with the return and signed under oath by |
| 13 | | the officer or person executing the warrant. The judge shall |
| 14 | | upon request deliver a copy of the inventory to the person from |
| 15 | | whom or from whose premises the instruments, articles or |
| 16 | | things were taken and to the applicant for the warrant. |
| 17 | | (e) As used in this Section, "telecommunications carrier" |
| 18 | | has the meaning given to that term in Section 13-202 of the |
| 19 | | Public Utilities Act. |
| 20 | | (f) This amendatory Act of the 104th General Assembly does |
| 21 | | not affect the ability of a law enforcement agency to obtain |
| 22 | | information under the Freedom From Location Surveillance Act. |
| 23 | | (Source: Laws 1963, p. 2836.)". |