Illinois 104th General Assembly Status: Introduced Bipartisan · 3 D · 2 R cosponsors

HB4138      — SEARCH WARR-ELECTRONIC-RETURN

Last action — Alternate Chief Sponsor Changed to Sen. John F. Curran

  1. 1
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill has been introduced in the House. Introduced September 25, 2025. It must pass committee before a floor vote.

Next likely step: a committee referral and hearing.

Odds of enactment

Low chance

Based on the sponsor, cosponsors, and committee posture, this bill has a low chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Advancing 54% · moderate confidence
  • Introduced

    Current position in the legislative process.

  • 7 sponsors

    1 primary, 6 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (3 D · 2 R) — cross-party backing.

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

In plain language

Telecommunications carriers must return electronic items within 36 hours after a forcible felony search warrant.

This bill requires telecommunications carriers to return electronic devices or items within 36 hours if they are seized under a search warrant related to a forcible felony. It amends the Code of Criminal Procedure regarding search and seizure procedures.

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.

Bill Text

We don't have the full text on file for this bill yet.

Read HB4138 on the official Illinois source →

Action History

  1. Alternate Chief Sponsor Changed to Sen. John F. Curran

  2. Added as Alternate Co-Sponsor Sen. Sally J. Turner

  3. Referred to Assignments

  4. First Reading

  5. Chief Senate Sponsor Sen. Dale Fowler

  6. Placed on Calendar Order of First Reading

  7. Arrive in Senate

  8. House Floor Amendment No. 1 Tabled

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

  10. Placed on Calendar Order of 3rd Reading - Short Debate

  11. House Floor Amendment No. 2 Adopted

  12. State Mandates Fiscal Note Requested - Withdrawn by Rep. Sonya M. Harper

  13. State Mandates Fiscal Note Requested by Rep. Sonya M. Harper

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

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

  16. House Floor Amendment No. 2 Referred to Rules Committee

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

  18. Held on Calendar Order of Second Reading - Short Debate

  19. Second Reading - Short Debate

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

  21. House Floor Amendment No. 1 Referred to Rules Committee

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

  23. Added Co-Sponsor Rep. Patrick Sheehan

  24. Added Co-Sponsor Rep. Rick Ryan

  25. Added Co-Sponsor Rep. Angelica Guerrero-Cuellar

  26. Added Co-Sponsor Rep. Lisa Davis

  27. Placed on Calendar 2nd Reading - Short Debate

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

  29. Assigned to Judiciary - Criminal Committee

  30. Referred to Rules Committee

  31. First Reading

  32. Filed with the Clerk by Rep. Patrick Windhorst

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 6 co-sponsors · 176 not signed on

Sponsors (1)

Co-sponsors (6)

Not signed on (176)

176 members have not signed on to this bill.

Show all 176 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Third Reading

Passed 104 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democrat 66009
Republican 34005
Unaffiliated 3000
Total 1030014
% of votes cast 88%0%0%12%
How each member voted (117)
Member Party Vote
Jacobs — Yea
Johnson — Yea
Hernandez, Lisa — Yea
Aarón M. Ortíz Democrat Yea
Abdelnasser Rashid Democrat Yea
Amy Briel Democrat Yea
Angelica Guerrero-Cuellar Democrat Yea
Ann M. Williams Democrat Yea
Anna Moeller Democrat Yea
Anne Stava Democrat Not Voting
Anthony DeLuca Democrat Yea
Barbara Hernandez Democrat Yea
Bob Morgan Democrat Yea
Camille Y. Lilly Democrat Yea
Carol Ammons Democrat Not Voting
Curtis J. Tarver, II Democrat Yea
Dagmara Avelar Democrat Yea
Daniel Didech Democrat Yea
Dave Vella Democrat Yea
Debbie Meyers-Martin Democrat Yea
Diane Blair-Sherlock Democrat Yea
Edgar González, Jr. Democrat Yea
Eva-Dina Delgado Democrat Yea
Fred Crespo Democrat Yea
Harry Benton Democrat Yea
Hoan Huynh Democrat Not Voting
Jaime M. Andrade, Jr. Democrat Not Voting
Janet Yang Rohr Democrat Yea
Jawaharial Williams Democrat Yea
Jay Hoffman Democrat Yea
Jehan Gordon-Booth Democrat Yea
Jennifer Gong-Gershowitz Democrat Yea
Joyce Mason Democrat Yea
Justin Cochran Democrat Yea
Justin Slaughter Democrat Yea
Kam Buckner Democrat Yea
Katie Stuart Democrat Yea
Kelly M. Cassidy Democrat Yea
Kevin John Olickal Democrat Yea
Kimberly Du Buclet Democrat Yea
La Shawn K. Ford Democrat Not Voting
Laura Faver Dias Democrat Yea
Lawrence "Larry" Walsh, Jr. Democrat Yea
Lilian Jiménez Democrat Yea
Lindsey LaPointe Democrat Yea
Lisa Davis Democrat Yea
Marcus C. Evans, Jr. Democrat Yea
Margaret A. DeLaRosa Democrat Yea
Margaret Croke Democrat Yea
Martha Deuter Democrat Yea
Mary Beth Canty Democrat Yea
Mary Gill Democrat Not Voting
Matt Hanson Democrat Yea
Maura Hirschauer Democrat Yea
Maurice A. West, II Democrat Yea
Michael Crawford Democrat Yea
Michael J. Kelly Democrat Not Voting
Michelle Mussman Democrat Yea
Nabeela Syed Democrat Yea
Natalie A. Manley Democrat Yea
Nicholas K. Smith Democrat Yea
Nicolle Grasse Democrat Yea
Norma Hernandez Democrat Yea
Rick Ryan Democrat Not Voting
Rita Mayfield Democrat Yea
Robert "Bob" Rita Democrat Yea
Robyn Gabel Democrat Yea
Sharon Chung Democrat Yea
Sonya M. Harper Democrat Yea
Stephanie A. Kifowit Democrat Yea
Sue Scherer Democrat Yea
Suzanne M. Ness Democrat Yea
Thaddeus Jones Democrat Not Voting
Theresa Mah Democrat Yea
Tracy Katz Muhl Democrat Yea
Will Guzzardi Democrat Yea
William "Will" Davis Democrat Yea
Yolonda Morris Democrat Yea
Adam M. Niemerg Republican Yea
Amy Elik Republican Yea
Amy L. Grant Republican Not Voting
Blaine Wilhour Republican Yea
Brad Halbrook Republican Yea
Brad Stephens Republican Not Voting
Bradley Fritts Republican Yea
Brandun Schweizer Republican Yea
Charles Meier Republican Yea
Chris Miller Republican Yea
Christopher "C.D." Davidsmeyer Republican Yea
Dan Swanson Republican Yea
Daniel J. Ugaste Republican Yea
Dave Severin Republican Yea
David Friess Republican Yea
Dennis Tipsword Republican Yea
Jackie Haas Republican Not Voting
Jason R. Bunting Republican Yea
Jed Davis Republican Yea
Jeff Keicher Republican Yea
Jennifer Sanalitro Republican Yea
Joe C. Sosnowski Republican Not Voting
John M. Cabello Republican Yea
Kevin Schmidt Republican Yea
Kyle Moore Republican Yea
Martin McLaughlin Republican Yea
Michael J. Coffey, Jr. Republican Yea
Nicole La Ha Republican Yea
Norine K. Hammond Republican Yea
Patrick Sheehan Republican Yea
Patrick Windhorst Republican Yea
Regan Deering Republican Yea
Ryan Spain Republican Yea
Steven Reick Republican Yea
Tom Weber Republican Yea
Tony M. McCombie Republican Yea
Travis Weaver Republican Yea
Wayne A. Rosenthal Republican Not Voting
William E Hauter Republican Yea

Official roll call →

Judiciary

Passed 15 Yea · 0 Nay
Party YeaNayPresentNot Voting
Republican 5000
Democrat 10000
Total 15000
% of votes cast 100%0%0%0%
How each member voted (15)
Member Party Vote
Angelica Guerrero-Cuellar Democrat Yea
Bob Morgan Democrat Yea
Dave Vella Democrat Yea
Edgar González, Jr. Democrat Yea
Justin Slaughter Democrat Yea
Kelly M. Cassidy Democrat Yea
Kevin John Olickal Democrat Yea
Lisa Davis Democrat Yea
Rick Ryan Democrat Yea
Will Guzzardi Democrat Yea
David Friess Republican Yea
John M. Cabello Republican Yea
Nicole La Ha Republican Yea
Patrick Sheehan Republican Yea
Patrick Windhorst Republican Yea

Official roll call →

Judiciary

Passed 14 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 5000
Democrat 9001
Total 14001
% of votes cast 93%0%0%7%
How each member voted (15)
Member Party Vote
Angelica Guerrero-Cuellar Democrat Yea
Bob Morgan Democrat Yea
Dave Vella Democrat Yea
Edgar González, Jr. Democrat Yea
Justin Slaughter Democrat Yea
Kelly M. Cassidy Democrat Yea
Kevin John Olickal Democrat Not Voting
Lisa Davis Democrat Yea
Rick Ryan Democrat Yea
Will Guzzardi Democrat Yea
David Friess Republican Yea
Dennis Tipsword Republican Yea
John M. Cabello Republican Yea
Patrick Sheehan Republican Yea
Patrick Windhorst Republican Yea

Official roll call →

Subjects

Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HB4138      do?
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.
Who sponsors HB4138     ?
HB4138      is sponsored by John F. Curran, Sally J. Turner, Patrick Windhorst (Republican), Lisa Davis (Democrat), Angelica Guerrero-Cuellar (Democrat), Rick Ryan (Democrat), and Patrick Sheehan (Republican).
What is the current status of HB4138     ?
This bill has been introduced in the House. Introduced September 25, 2025. It must pass committee before a floor vote.
Where can I track HB4138     ?
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