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Public Act 098-0170


 

Public Act 0170 98TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 098-0170
 
HB1013 EnrolledLRB098 04063 RLC 34084 b

    AN ACT concerning apostilles and certifications.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Secretary of State Act is amended by adding
Section 5.20 as follows:
 
    (15 ILCS 305/5.20 new)
    Sec. 5.20. Apostilles and certifications.
    (a) A request for an apostille or a certification shall be
submitted on the form prescribed by the Secretary of State and
must be accompanied by the lawful fee for the apostille or
certification.
    (b) The Secretary of State may refuse to issue an apostille
or certification if:
        (1) the document has not been certified by the
    appropriate authority, if applicable;
        (2) the document has not been properly notarized in
    accordance with the Illinois Notary Public Act, if
    applicable;
        (3) the document submitted to the Secretary of State is
    not an original document;
        (4) the document is intended for use in the United
    States or in a country not party to the Hague Legalization
    Convention, if applicable;
        (5) the document makes a claim regarding or purports to
    affect citizenship, immunity, allegiance to a government
    or jurisdiction, sovereignty, or any similar or related
    matter; or
        (6) the Secretary of State has reasonable cause to
    believe the document may be used to accomplish any
    fraudulent, criminal, or unlawful purpose.
    (c) A person may not remove an apostille, certification,
any part of the apostille or certification, or the "great seal
of the State of Illinois" from any document to which the
Secretary of State has affixed it. This act or any attempt to
do so shall render the apostille or certification invalid.
    (d) The Secretary of State shall have the power and
authority reasonably necessary to administer this Section
efficiently, to perform the duties imposed by this Section, and
to adopt rules relating to those duties, in accordance with the
Illinois Administrative Procedure Act.
 
    Section 10. The Criminal Code of 2012 is amended by adding
Section 32-8.1 as follows:
 
    (720 ILCS 5/32-8.1 new)
    Sec. 32-8.1. Tampering with a certification by a public
official.
    (a) A person commits tampering with a certification by a
public official when he or she knowingly, without lawful
authority, and with the intent to defraud any individual,
entity, public officer, or governmental unit, uses a
certification or part of a certification by a public official,
including but not limited to an apostille, the "great seal of
the State of Illinois", or other similar certification, in
connection with any document he or she knows or reasonably
should know is not the original document for which the public
official originally issued the certification.
    (b) Sentence. Tampering with a certification by a public
official is a Class A misdemeanor for a first offense and a
Class 4 felony for a second or subsequent offense.
 
    Section 99. Effective date. This Act takes effect July 1,
2013.

Effective Date: 08/05/2013