102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB3637

 

Introduced 1/19/2022, by Sen. Dan McConchie

 

SYNOPSIS AS INTRODUCED:
 
735 ILCS 5/2-1303  from Ch. 110, par. 2-1303

    Amends the Code of Civil Procedure. Removes provisions providing that: in all actions brought to recover damages for personal injury or wrongful death resulting from or occasioned by the conduct of any other person or entity, whether by negligence, willful and wanton misconduct, intentional conduct, or strict liability of the other person or entity, the plaintiff shall recover prejudgment interest on specified damages and costs set forth in the judgment; neither the State nor a local public entity shall be liable to pay prejudgment interest; and for any personal injury or wrongful death occurring before July 1, 2021 (the effective date of Public Act 102-6), the prejudgment interest shall begin to accrue on the later of July 1, 2021 or the date the action is filed.


LRB102 24199 LNS 33427 b

 

 

A BILL FOR

 

SB3637LRB102 24199 LNS 33427 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Code of Civil Procedure is amended by
5changing Section 2-1303 as follows:
 
6    (735 ILCS 5/2-1303)  (from Ch. 110, par. 2-1303)
7    Sec. 2-1303. Interest on judgment.
8    (a) Except as provided in subsection (b), judgments
9recovered in any court shall draw interest at the rate of 9%
10per annum from the date of the judgment until satisfied or 6%
11per annum when the judgment debtor is a unit of local
12government, as defined in Section 1 of Article VII of the
13Constitution, a school district, a community college district,
14or any other governmental entity. When judgment is entered
15upon any award, report or verdict, interest shall be computed
16at the above rate, from the time when made or rendered to the
17time of entering judgment upon the same, and included in the
18judgment. Interest shall be computed and charged only on the
19unsatisfied portion of the judgment as it exists from time to
20time. The judgment debtor may by tender of payment of
21judgment, costs and interest accrued to the date of tender,
22stop the further accrual of interest on such judgment
23notwithstanding the prosecution of an appeal, or other steps

 

 

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1to reverse, vacate or modify the judgment.
2    (b)(1) As used in this Section:
3    "Consumer debt" means money or property, or the
4equivalent, due or owing, or alleged to be due or owing, from a
5natural person by reason of a transaction in which property,
6services, or money is acquired by that natural person
7primarily for personal, family, or household purposes.
8    "Consumer debt judgment" means a judgment recovered in any
9court against one or more natural persons arising out of
10consumer debt. "Consumer debt judgment" does not include any
11compensation for bodily injury or death, nor any judgment
12entered where the debt is guaranteed by or contains a joint and
13several liability provision between a natural person and a
14business, whether or not that business is legally constituted
15under the laws of this State or any other state.
16    (2) Notwithstanding subsection (a), consumer debt
17judgments of $25,000 or less shall draw interest from the date
18of the judgment until satisfied at the rate of 5% per annum.
19    (3) The judgment debtor may, by tender of payment of
20judgment, costs, and interest accrued to the date of tender,
21stop the further accrual of interest on the consumer debt
22judgment, notwithstanding the prosecution of an appeal, or
23other steps to reverse, vacate, or modify the judgment.
24    (4) This subsection applies to all consumer debt judgments
25entered into after the effective date of this amendatory Act
26of the 101st General Assembly.

 

 

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1    (c) (Blank). In all actions brought to recover damages for
2personal injury or wrongful death resulting from or occasioned
3by the conduct of any other person or entity, whether by
4negligence, willful and wanton misconduct, intentional
5conduct, or strict liability of the other person or entity,
6the plaintiff shall recover prejudgment interest on all
7damages, except punitive damages, sanctions, statutory
8attorney's fees, and statutory costs, set forth in the
9judgment. Prejudgment interest shall begin to accrue on the
10date the action is filed. If the plaintiff voluntarily
11dismisses the action and refiles, the accrual of prejudgment
12interest shall be tolled from the date the action is
13voluntarily dismissed to the date the action is refiled. In
14entering judgment for the plaintiff in the action, the court
15shall add to the amount of the judgment interest calculated at
16the rate of 6% per annum on the amount of the judgment, minus
17punitive damages, sanctions, statutory attorney's fees, and
18statutory costs. If the judgment is greater than the amount of
19the highest written settlement offer made by the defendant
20within 12 months after the later of the effective date of this
21amendatory Act of the 102nd General Assembly or the filing of
22the action and not accepted by the plaintiff within 90 days
23after the date of the offer or rejected by the plaintiff,
24interest added to the amount of judgment shall be an amount
25equal to interest calculated at the rate of 6% per annum on the
26difference between the amount of the judgment, minus punitive

 

 

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1damages, sanctions, statutory attorney's fees, and statutory
2costs, and the amount of the highest written settlement offer.
3If the judgment is equal to or less than the amount of the
4highest written settlement offer made by the defendant within
512 months after the later of the effective date of this
6amendatory Act of the 102nd General Assembly or the filing of
7the action and not accepted by the plaintiff within 90 days
8after the date of the offer or rejected by the plaintiff, no
9prejudgment interest shall be added to the amount of the
10judgment. For the purposes of this subsection, withdrawal of a
11settlement offer by defendant shall not be considered a
12rejection of the offer by the plaintiff. Notwithstanding any
13other provision of this subsection, prejudgment interest shall
14accrue for no longer than 5 years.
15    Notwithstanding any other provision of law, neither the
16State, a unit of local government, a school district,
17community college district, nor any other governmental entity
18is liable to pay prejudgment interest in an action brought
19directly or vicariously against it by the injured party.
20    For any personal injury or wrongful death occurring before
21the effective date of this amendatory Act of the 102nd General
22Assembly, the prejudgment interest shall begin to accrue on
23the later of the date the action is filed or the effective date
24of this amendatory Act of the 102nd General Assembly.
25(Source: P.A. 101-168, eff. 1-1-20; 102-6, eff. 7-1-21.)