HB1013 Enrolled LRB098 04063 RLC 34084 b
1		AN ACT concerning apostilles and certifications.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 5. The Secretary of State Act is amended by adding
5		Section 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
9		submitted on the form prescribed by the Secretary of State and
10		must be accompanied by the lawful fee for the apostille or
11		certification.
12		(b) The Secretary of State may refuse to issue an apostille
13		or 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;

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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,
9		any part of the apostille or certification, or the "great seal
10		of the State of Illinois" from any document to which the
11		Secretary of State has affixed it. This act or any attempt to
12		do so shall render the apostille or certification invalid.
13		(d) The Secretary of State shall have the power and
14		authority reasonably necessary to administer this Section
15		efficiently, to perform the duties imposed by this Section, and
16		to adopt rules relating to those duties, in accordance with the
17		Illinois Administrative Procedure Act.
18		Section 10. The Criminal Code of 2012 is amended by adding
19		Section 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
22		official.
23		(a) A person commits tampering with a certification by a
24		public official when he or she knowingly, without lawful

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1		authority, and with the intent to defraud any individual,
2		entity, public officer, or governmental unit, uses a
3		certification or part of a certification by a public official,
4		including but not limited to an apostille, the "great seal of
5		the State of Illinois", or other similar certification, in
6		connection with any document he or she knows or reasonably
7		should know is not the original document for which the public
8		official originally issued the certification.
9		(b) Sentence. Tampering with a certification by a public
10		official is a Class A misdemeanor for a first offense and a
11		Class 4 felony for a second or subsequent offense.
12		Section 99. Effective date. This Act takes effect July 1,
13		2013.