HB3360 EnrolledLRB101 09884 LNS 54986 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 upon
15any award, report or verdict, interest shall be computed at the
16above rate, from the time when made or rendered to the time of
17entering judgment upon the same, and included in the judgment.
18Interest shall be computed and charged only on the unsatisfied
19portion of the judgment as it exists from time to time. The
20judgment debtor may by tender of payment of judgment, costs and
21interest accrued to the date of tender, stop the further
22accrual of interest on such judgment notwithstanding the
23prosecution of an appeal, or other steps to reverse, vacate or



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1modify the judgment.
2    (b)(1) As used in this Section:
3    "Consumer debt" means money or property, or the equivalent,
4due or owing, or alleged to be due or owing, from a natural
5person by reason of a transaction in which property, services,
6or money is acquired by that natural person primarily for
7personal, 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 of
26the 101st General Assembly.



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1    (c) In all actions brought to recover damages for personal
2injury or wrongful death resulting from or occasioned by the
3conduct of any other person or entity, whether by negligence,
4willful and wanton misconduct, intentional conduct, or strict
5liability of the other person or entity, the plaintiff shall
6recover prejudgment interest on all damages set forth in the
7judgment. Prejudgment interest shall begin to accrue on the
8date the defendant has notice of the injury from the incident
9itself or a written notice. In entering judgment for the
10plaintiff in the action, the court shall add to the amount of
11the judgment interest on the amount calculated at the rate of
129% per annum.
13    (d) Notwithstanding any other provision of law, a local
14public entity is not liable to pay prejudgment interest in an
15action brought directly or vicariously against it by the
16injured party.
17    (e) For any personal injury or wrongful death occurring
18before the effective date of this amendatory Act of the 101st
19General Assembly, the prejudgment interest shall begin to
20accrue on the later of the effective date of this amendatory
21Act of the 101st General Assembly or the date the alleged
22tortfeasor has notice of the injury.
23    (f) The trial court may, in its discretion, apportion any
24amount of prejudgment interest between the plaintiff and any
25agency or department of the State. In apportioning prejudgment
26interest as provided in this Section, the court shall consider,



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1among other factors it deems relevant, the plaintiff's hardship
2from the time of injury to the date of judgment and the effort
3required to obtain the judgment.
4(Source: P.A. 101-168, eff. 1-1-20.)
5    Section 99. Effective date. This Act takes effect upon
6becoming law.