Bill > HB4138

This bill amends the Code of Criminal Procedure of 1963 by modifying Section 108-10, which governs the return of items seized during a search warrant. Specifically, the bill introduces a new requirement for telecommunications carriers, mandating that they return all electronic instruments, articles, or things within 36 hours when the search warrant is related to an investigation of a forcible felony. A forcible felony is a serious criminal offense that involves the use or threat of physical force against another person, such as rape, robbery, or aggravated assault. The bill maintains the existing provisions that require a return of seized items to be made without unnecessary delay before the judge who issued the warrant or a court of competent jurisdiction, and continues to require an inventory of seized items to be filed and signed under oath by the executing officer. The purpose of this amendment appears to be to expedite the return of electronic devices and materials seized during investigations of serious violent crimes.

Justice

https://www.ilga.gov/Legislation/BillStatus?DocNum=4138&GAID=18&DocTypeID=HB&SessionID=114&GA=104