Full Text of HB3360 101st General Assembly
HB3360enr 101ST GENERAL ASSEMBLY
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AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
The Code of Civil Procedure is amended by
changing Section 2-1303 as follows:
(735 ILCS 5/2-1303)
(from Ch. 110, par. 2-1303)
Interest on judgment.
(a) Except as provided in subsection (b), judgments
any court shall draw interest at the rate of 9%
per annum from the date
of the judgment until satisfied or 6%
per annum when the judgment debtor is a unit
government, as defined in Section 1 of Article VII of the
a school district, a community college district,
or any other governmental
entity. When judgment is entered upon
any award, report or verdict, interest
shall be computed at the
above rate, from the time when made or rendered
to the time of
entering judgment upon the same, and included in the judgment.
Interest shall be computed and charged only on the unsatisfied
the judgment as it exists from time to time. The
judgment debtor may by
tender of payment of judgment, costs and
accrued to the date of tender, stop the further
accrual of interest on such
judgment notwithstanding the
prosecution of an appeal, or other steps to
reverse, vacate or
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modify the judgment.
(b)(1) As used in this Section:
"Consumer debt" means money or property, or the equivalent,
due or owing, or alleged to be due or owing, from a natural
person by reason of a transaction in which property, services,
or money is acquired by that natural person primarily for
personal, family, or household purposes.
"Consumer debt judgment" means a judgment recovered in any
court against one or more natural persons arising out of
consumer debt. "Consumer debt judgment" does not include any
compensation for bodily injury or death, nor any judgment
entered where the debt is guaranteed by or contains a joint and
several liability provision between a natural person and a
business, whether or not that business is legally constituted
under the laws of this State or any other state.
(2) Notwithstanding subsection (a), consumer debt
judgments of $25,000 or less shall draw interest from the date
of the judgment until satisfied at the rate of 5% per annum.
(3) The judgment debtor may, by tender of payment of
judgment, costs, and interest accrued to the date of tender,
stop the further accrual of interest on the consumer debt
judgment, notwithstanding the prosecution of an appeal, or
other steps to reverse, vacate, or modify the judgment.
(4) This subsection applies to all consumer debt judgments
entered into after the effective date of this amendatory Act of
the 101st General Assembly.
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(c) 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 all damages set forth in the
judgment. Prejudgment interest shall begin to accrue on the
date the defendant has notice of the injury from the incident
itself or a written notice. In entering judgment for the
plaintiff in the action, the court shall add to the amount of
the judgment interest on the amount calculated at the rate of
9% per annum.
(d) Notwithstanding any other provision of law, a local
public entity is not liable to pay prejudgment interest in an
action brought directly or vicariously against it by the
(e) For any personal injury or wrongful death occurring
before the effective date of this amendatory Act of the 101st
General Assembly, the prejudgment interest shall begin to
accrue on the later of the effective date of this amendatory
Act of the 101st General Assembly or the date the alleged
tortfeasor has notice of the injury.
(f) The trial court may, in its discretion, apportion any
amount of prejudgment interest between the plaintiff and any
agency or department of the State. In apportioning prejudgment
interest as provided in this Section, the court shall consider,
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among other factors it deems relevant, the plaintiff's hardship
from the time of injury to the date of judgment and the effort
required to obtain the judgment.
(Source: P.A. 101-168, eff. 1-1-20
This Act takes effect upon