HB 4138 Illinois House · 104th Regular Session

SEARCH WARR-ELECTRONIC-RETURN

Summary

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.

Issues: ✗ Technology

Bill status passed 3 of 5 stages cleared

Introduction

Apr 2026

Committee Review

Apr 2026

House Passage

Apr 2026

Senate Passage

Governor

Introduced Apr 21, 2026 Last action Jun 1, 2026

Maddy AI version diff · 1 comparison

What changed between versions

Introduced → Engrossed · 5 edits · Apr 17, 2026

MODERATE

This bill updates the rules for returning seized electronic evidence to telecommunications carriers. It replaces a strict 36-hour deadline with a more flexible 7-business-day standard, allowing for immediate returns only in urgent situations like imminent danger or suspect flight. The law also explicitly prohibits carriers from charging fees for complying with these warrants and clarifies that this change does not restrict law enforcement's ability to use other surveillance tools.

Scope change

The bill expands the scope by adding specific protections for telecommunications carriers and defining 'exigent circumstances' to guide when faster returns are required.

TIMELINE

Changed the deadline for returning electronic evidence from a strict 36 hours to 7 business days.

REQUIREMENT

Added a requirement that judges must explicitly find exigent circumstances on the warrant to allow for returns sooner than 7 business days.

Added a prohibition on telecommunications carriers charging fees for producing electronic evidence under a warrant.

DEFINITION

Defined 'exigent circumstances' to include immediate risk of harm, imminent community danger, or suspect flight.

Added a definition for 'telecommunications carrier' referencing the Public Utilities Act.

Floor votes · House Apr 17, 2026

How they voted

102–0

Passed · 14 other

Total votes 116

Apr 17, 2026

D Democratic76

67 Yea 9

88% Yea

R Republican40

35 Yea 5

87% Yea

Vote distribution

All Yea All Nay Mixed No data

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Amendments

Apr 21, 2026

Committee

Referred to Assignments

upper

Apr 21, 2026

Introduced

Arrive in Senate

upper

Apr 17, 2026

Amended

House Floor Amendment No. 1 Tabled

lower

Apr 17, 2026

Lower · Passed

Third Reading - Short Debate - Passed 104-000-000

lower

Apr 17, 2026

Lower · Passed

House Floor Amendment No. 2 Adopted

lower

Apr 15, 2026

Lower · Passed

House Floor Amendment No. 2 Recommends Be Adopted Judiciary - Criminal Committee; 015-000-000

lower

Apr 14, 2026

Lower · Passed

House Floor Amendment No. 2 Rules Refers to Judiciary - Criminal Committee

lower

Apr 14, 2026

Committee

House Floor Amendment No. 2 Referred to Rules Committee

lower

Apr 14, 2026

Introduced

House Floor Amendment No. 2 Filed with Clerk by Rep. Patrick Windhorst

lower

Mar 18, 2026

Lower · Passed

House Floor Amendment No. 1 Rules Refers to Judiciary - Criminal Committee

lower

Mar 3, 2026

Committee

House Floor Amendment No. 1 Referred to Rules Committee

lower

Mar 3, 2026

Introduced

House Floor Amendment No. 1 Filed with Clerk by Rep. Patrick Windhorst

lower

Feb 24, 2026

Lower · Passed

Do Pass / Short Debate Judiciary - Criminal Committee; 014-000-000

lower

Feb 11, 2026

Committee

Assigned to Judiciary - Criminal Committee

lower

Oct 15, 2025

Committee

Referred to Rules Committee

lower

2 primary · 5 co-sponsors