Illinois General Assembly - Full Text of SB0072
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Full Text of SB0072  102nd General Assembly

SB0072ham001 102ND GENERAL ASSEMBLY

Rep. Jay Hoffman

Filed: 3/16/2021

 

 


 

 


 
10200SB0072ham001LRB102 04343 LNS 23720 a

1
AMENDMENT TO SENATE BILL 72

2    AMENDMENT NO. ______. Amend Senate Bill 72 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. If and only if House Bill 3360 of the 101st
5General Assembly becomes law, then the Code of Civil Procedure
6is amended by changing Section 2-1303 as follows:
 
7    (735 ILCS 5/2-1303)  (from Ch. 110, par. 2-1303)
8    Sec. 2-1303. Interest on judgment.
9    (a) Except as provided in subsection (b), judgments
10recovered in any court shall draw interest at the rate of 9%
11per annum from the date of the judgment until satisfied or 6%
12per annum when the judgment debtor is a unit of local
13government, as defined in Section 1 of Article VII of the
14Constitution, a school district, a community college district,
15or any other governmental entity. When judgment is entered
16upon any award, report or verdict, interest shall be computed

 

 

10200SB0072ham001- 2 -LRB102 04343 LNS 23720 a

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

 

 

10200SB0072ham001- 3 -LRB102 04343 LNS 23720 a

1    (3) The judgment debtor may, by tender of payment of
2judgment, costs, and interest accrued to the date of tender,
3stop the further accrual of interest on the consumer debt
4judgment, notwithstanding the prosecution of an appeal, or
5other steps to reverse, vacate, or modify the judgment.
6    (4) This subsection applies to all consumer debt judgments
7entered into after the effective date of this amendatory Act
8of the 101st General Assembly.
9    (c) In all actions brought to recover damages for personal
10injury or wrongful death resulting from or occasioned by the
11conduct of any other person or entity, whether by negligence,
12willful and wanton misconduct, intentional conduct, or strict
13liability of the other person or entity, the plaintiff shall
14recover prejudgment interest on all damages set forth in the
15judgment. Prejudgment interest shall begin to accrue on the
16date the action is filed defendant has notice of the injury
17from the incident itself or a written notice. In entering
18judgment for the plaintiff in the action, the court shall add
19to the amount of the judgment interest on the amount
20calculated at the rate of 7% 9% per annum.
21    (d) Notwithstanding any other provision of law, neither
22the State, a unit of local government, a school district, a
23community college district, nor any other governmental entity
24a local public entity is not liable to pay prejudgment
25interest in an action brought directly or vicariously against
26it by the injured party.

 

 

10200SB0072ham001- 4 -LRB102 04343 LNS 23720 a

1    (e) For any personal injury or wrongful death occurring
2before the effective date of this amendatory Act of the 101st
3General Assembly, the prejudgment interest shall begin to
4accrue on the later of the effective date of this amendatory
5Act of the 101st General Assembly or the date the action is
6filed alleged tortfeasor has notice of the injury.
7    (f) (Blank). The trial court may, in its discretion,
8apportion any amount of prejudgment interest between the
9plaintiff and any agency or department of the State. In
10apportioning prejudgment interest as provided in this Section,
11the court shall consider, among other factors it deems
12relevant, the plaintiff's hardship from the time of injury to
13the date of judgment and the effort required to obtain the
14judgment.
15(10100HB3360enr.)
 
16    Section 99. Effective date. This Act takes effect upon
17becoming law.".