HB4138 — SEARCH WARR-ELECTRONIC-RETURN
Last action — Alternate Chief Sponsor Changed to Sen. John F. Curran
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1Introduced
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2In Committee
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3Passed House
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4Passed Senate
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5To Executive
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6Enacted
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 chanceBased 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
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Introduced
Current position in the legislative process.
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7 sponsors
1 primary, 6 co-sponsors signed on.
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Bipartisan support
Sponsored across 2 parties (3 D · 2 R) — cross-party backing.
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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
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Alternate Chief Sponsor Changed to Sen. John F. Curran
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Added as Alternate Co-Sponsor Sen. Sally J. Turner
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Referred to Assignments
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First Reading
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Chief Senate Sponsor Sen. Dale Fowler
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Placed on Calendar Order of First Reading
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Arrive in Senate
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House Floor Amendment No. 1 Tabled
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Third Reading - Short Debate - Passed 104-000-000
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Placed on Calendar Order of 3rd Reading - Short Debate
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House Floor Amendment No. 2 Adopted
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State Mandates Fiscal Note Requested - Withdrawn by Rep. Sonya M. Harper
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State Mandates Fiscal Note Requested by Rep. Sonya M. Harper
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House Floor Amendment No. 2 Recommends Be Adopted Judiciary - Criminal Committee; 015-000-000
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House Floor Amendment No. 2 Rules Refers to Judiciary - Criminal Committee
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House Floor Amendment No. 2 Referred to Rules Committee
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House Floor Amendment No. 2 Filed with Clerk by Rep. Patrick Windhorst
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Held on Calendar Order of Second Reading - Short Debate
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Second Reading - Short Debate
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House Floor Amendment No. 1 Rules Refers to Judiciary - Criminal Committee
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House Floor Amendment No. 1 Referred to Rules Committee
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House Floor Amendment No. 1 Filed with Clerk by Rep. Patrick Windhorst
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Added Co-Sponsor Rep. Patrick Sheehan
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Added Co-Sponsor Rep. Rick Ryan
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Added Co-Sponsor Rep. Angelica Guerrero-Cuellar
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Added Co-Sponsor Rep. Lisa Davis
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Placed on Calendar 2nd Reading - Short Debate
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Do Pass / Short Debate Judiciary - Criminal Committee; 014-000-000
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Assigned to Judiciary - Criminal Committee
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Referred to Rules Committee
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First Reading
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Filed with the Clerk by Rep. Patrick Windhorst
Sponsors
- John F. Curran · Cosponsor
- Sally J. Turner · Cosponsor
- Patrick Windhorst · Primary
- Lisa Davis · Cosponsor
- Angelica Guerrero-Cuellar · Cosponsor
- Rick Ryan · Cosponsor
- Patrick Sheehan · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 6 co-sponsors · 176 not signed on
Sponsors (1)
- Patrick Windhorst Republican
Co-sponsors (6)
- John F. Curran
- Sally J. Turner
- Lisa Davis Democrat
- Angelica Guerrero-Cuellar Democrat
- Rick Ryan Democrat
- Patrick Sheehan Republican
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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democrat | 66 | 0 | 0 | 9 |
| Republican | 34 | 0 | 0 | 5 |
| Unaffiliated | 3 | 0 | 0 | 0 |
| Total | 103 | 0 | 0 | 14 |
| % 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 |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 5 | 0 | 0 | 0 |
| Democrat | 10 | 0 | 0 | 0 |
| Total | 15 | 0 | 0 | 0 |
| % 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 |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 5 | 0 | 0 | 0 |
| Democrat | 9 | 0 | 0 | 1 |
| Total | 14 | 0 | 0 | 1 |
| % 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 |
Subjects
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 ?
- Track HB4138 free on One Click Politics — get push/email alerts when it moves.
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