Bill Text: IL HB1013 | 2013-2014 | 98th General Assembly | Chaptered

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Bill Title: Amends the Secretary of State Act. Provides that 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. Establishes grounds for which the Secretary of State may refuse to issue an apostille or a certification. Provides that an individual 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. Provides this act or any attempt to do so shall render the apostille or certification invalid. Amends the Criminal Code of 2012. Provides that 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", and other 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. Provides that a violation is a Class A misdemeanor for a first offense and a Class 4 felony for a second or subsequent offense. Effective July 1, 2013.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Passed) 2013-08-05 - Public Act . . . . . . . . . 98-0170 [HB1013 Detail]

Download: Illinois-2013-HB1013-Chaptered.html

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Public Act 098-0170
HB1013 Enrolled LRB098 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.