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.