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| Public Act 098-0170 | ||||
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AN ACT concerning apostilles and certifications.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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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.
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Section 99. Effective date. This Act takes effect July 1, | ||
2013.
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