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HB4138 • 2026
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This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.
Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.
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These notes stay tied to the official amendment files and metadata from the legislature.
Plain English: Illinois General Assembly - Full Text of HB4138 Select Language × The Illinois General Assembly offers the Google Translate™ service for visitor convenience.
Alternate Chief Sponsor Changed to Sen. John F. Curran
Added as Alternate Co-Sponsor Sen. Sally J. Turner
Arrive in Senate
Placed on Calendar Order of First Reading
Chief Senate Sponsor Sen. Dale Fowler
First Reading
Referred to Assignments
House Floor Amendment No. 2 Adopted
Placed on Calendar Order of 3rd Reading - Short Debate
Third Reading - Short Debate - Passed 104-000-000
House Floor Amendment No. 1 Tabled
State Mandates Fiscal Note Requested - Withdrawn by Rep. Sonya M. Harper
House Floor Amendment No. 2 Recommends Be Adopted Judiciary - Criminal Committee ; 015-000-000
State Mandates Fiscal Note Requested by Rep. Sonya M. Harper
House Floor Amendment No. 2 Filed with Clerk by Rep. Patrick Windhorst
House Floor Amendment No. 2 Referred to Rules Committee
House Floor Amendment No. 2 Rules Refers to Judiciary - Criminal Committee
Second Reading - Short Debate
Held on Calendar Order of Second Reading - Short Debate
House Floor Amendment No. 1 Rules Refers to Judiciary - Criminal Committee
House Floor Amendment No. 1 Filed with Clerk by Rep. Patrick Windhorst
House Floor Amendment No. 1 Referred to Rules Committee
Added Co-Sponsor Rep. Lisa Davis
Added Co-Sponsor Rep. Angelica Guerrero-Cuellar
Added Co-Sponsor Rep. Rick Ryan
Added Co-Sponsor Rep. Patrick Sheehan
Placed on Calendar 2nd Reading - Short Debate
Do Pass / Short Debate Judiciary - Criminal Committee ; 014-000-000
Assigned to Judiciary - Criminal Committee
First Reading
Referred to Rules Committee
Filed with the Clerk by Rep. Patrick Windhorst
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Illinois General Assembly - Full Text of HB4138 Select Language × The Illinois General Assembly offers the Google Translate™ service for visitor convenience. In no way should it be considered accurate as to the translation of any content herein. Visitors of the Illinois General Assembly website are encouraged to use other translation services available on the internet. The English language version is always the official and authoritative version of this website. NOTE: To return to the original English language version, select the "Show Original" button on the Google Translate™ menu bar at the top of the window. 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Full Text of HB4138 Home Legislation Full Text HB4138 - 104th General Assembly Bill Status Full Text Votes Witness Slips Select Menu Bill Status Full Text Votes Witness Slips Printer Friendly Version Introduced Engrossed House Amendment 001 House Amendment 002 Printer Friendly Version Introduced Engrossed House Amendment 001 House Amendment 002 Open PDF HB4138 Engrossed 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) 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 17 purposes of this subsection (b), "exigent circumstances" means 18 circumstances involving the immediate risk of harm to an 19 individual, imminent danger to the community, or risk of 20 flight from the jurisdiction by a suspect. The judge issuing 21 the warrant shall make a finding of applicability of this 22 subsection and shall enter a reference to this subsection upon 23 the warrant. HB4138 Engrossed - 2 - LRB104 15465 RLC 28623 b 1 (c) Telecommunications carriers shall not charge a fee for 2 production of the electronic instruments, articles, or things 3 listed in the search warrant. 4 (d) An inventory of any instruments, articles or things 5 seized shall be filed with the return and signed under oath by 6 the officer or person executing the warrant. The judge shall 7 upon request deliver a copy of the inventory to the person from 8 whom or from whose premises the instruments, articles or 9 things were taken and to the applicant for the warrant. 10 (e) As used in this Section, "telecommunications carrier" 11 has the meaning given to that term in Section 13-202 of the 12 Public Utilities Act. 13 (f) This amendatory Act of the 104th General Assembly does 14 not affect the ability of a law enforcement agency to obtain 15 information under the Freedom From Location Surveillance Act. 16 (Source: Laws 1963, p. 2836.) 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