Full Text of HB1013 98th General Assembly
HB1013eng 98TH GENERAL ASSEMBLY |
| | HB1013 Engrossed | | LRB098 04063 RLC 34084 b |
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| 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.
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