HB1013 EnrolledLRB098 04063 RLC 34084 b


  
1    AN ACT concerning apostilles and certifications.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Secretary of State Act is amended  by adding 
5Section 5.20 as follows:
 
6    (15 ILCS 305/5.20 new)
7    Sec. 5.20. Apostilles and certifications.
8    (a)  A request for an apostille or a certification shall be 
9submitted on the form prescribed by the Secretary of State and 
10must be accompanied by the lawful fee for the apostille or 
11certification.
12    (b)  The Secretary of State may refuse to issue an apostille 
13or certification if:
14        (1) the document has not been certified by the 
15    appropriate authority, if applicable;
16        (2) the document has not been properly notarized in 
17    accordance with the Illinois Notary Public Act, if 
18    applicable;
19        (3) the document submitted to the Secretary of State is 
20    not an original document;
21        (4) the document is intended for use in the United 
22    States or in a country not party to the Hague Legalization 
23    Convention, if applicable;
 
 
HB1013 Enrolled- 2 -LRB098 04063 RLC 34084 b

1        (5) the document makes a claim regarding or purports to 
2    affect citizenship, immunity, allegiance to a government 
3    or jurisdiction, sovereignty, or any similar or related 
4    matter; or
5        (6) the Secretary of State has reasonable cause to 
6    believe the document may be used to accomplish any 
7    fraudulent, criminal, or unlawful purpose.
8    (c)  A person may not remove an apostille, certification, 
9any part of the apostille or certification, or the "great seal 
10of the State of Illinois" from any document to which the 
11Secretary of State has affixed it.  This act or any  attempt to 
12do so shall render the apostille or certification invalid.
13    (d)  The Secretary of State shall have the power and 
14authority reasonably necessary to administer this Section 
15efficiently, to perform the duties imposed by this Section, and 
16to adopt rules relating to those duties, in accordance with the 
17Illinois Administrative Procedure Act. 
 
18    Section 10. The Criminal Code of 2012 is amended  by adding 
19Section 32-8.1 as follows:
 
20    (720 ILCS 5/32-8.1 new)
21    Sec. 32-8.1. Tampering with a certification by a public 
22official.
23    (a) A person commits tampering with a certification by a 
24public official when he or she knowingly, without lawful 
 
 
HB1013 Enrolled- 3 -LRB098 04063 RLC 34084 b

1authority, and with the intent to defraud any individual, 
2entity, public officer, or governmental unit, uses a 
3certification or part of a certification by a public official, 
4including but not limited to an apostille, the "great seal of 
5the State of Illinois", or other similar certification, in 
6connection with any document he or she knows or reasonably 
7should know is not the original document for which the public 
8official originally issued the certification.
9    (b) Sentence.  Tampering with a certification by a public 
10official is a Class A misdemeanor for a first offense and a 
11Class 4 felony for a second or subsequent offense. 
 
 
12    Section 99. Effective date. This Act takes effect July 1, 
132013.