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

SB0072ham002 102ND GENERAL ASSEMBLY

Rep. Jay Hoffman

Filed: 3/18/2021

 

 


 

 


 
10200SB0072ham002LRB102 04343 LNS 24009 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. 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

 

 

10200SB0072ham002- 2 -LRB102 04343 LNS 24009 a

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

 

 

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1judgment, costs, and interest accrued to the date of tender,
2stop the further accrual of interest on the consumer debt
3judgment, notwithstanding the prosecution of an appeal, or
4other steps to reverse, vacate, or modify the judgment.
5    (4) This subsection applies to all consumer debt judgments
6entered into after the effective date of this amendatory Act
7of the 101st General Assembly.
8    (c) In all actions brought to recover damages for personal
9injury or wrongful death resulting from or occasioned by the
10conduct of any other person or entity, whether by negligence,
11willful and wanton misconduct, intentional conduct, or strict
12liability of the other person or entity, the plaintiff shall
13recover prejudgment interest on all damages, except punitive
14damages, sanctions, statutory attorney's fees, and statutory
15costs, set forth in the judgment. Prejudgment interest shall
16begin to accrue on the date the action is filed. If the
17plaintiff voluntarily dismisses the action and refiles, the
18accrual of prejudgment interest shall be tolled from the date
19the action is voluntarily dismissed to the date the action is
20refiled. In entering judgment for the plaintiff in the action,
21the court shall add to the amount of the judgment interest
22calculated at the rate of 6% per annum on the amount of the
23judgment, minus punitive damages, sanctions, statutory
24attorney's fees, and statutory costs. If the judgment is
25greater than the amount of the highest written settlement
26offer made by the defendant within 12 months after the later of

 

 

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1the effective date of this amendatory Act of the 102nd General
2Assembly or the filing of the action and not accepted by the
3plaintiff within 90 days after the date of the offer or
4rejected by the plaintiff, interest added to the amount of
5judgment shall be an amount equal to interest calculated at
6the rate of 6% per annum on the difference between the amount
7of the judgment, minus punitive damages, sanctions, statutory
8attorney's fees, and statutory costs, and the amount of the
9highest written settlement offer. If the judgment is equal to
10or less than the amount of the highest written settlement
11offer made by the defendant within 12 months after the later of
12the effective date of this amendatory Act of the 102nd General
13Assembly or the filing of the action and not accepted by the
14plaintiff within 90 days after the date of the offer or
15rejected by the plaintiff, no prejudgment interest shall be
16added to the amount of the judgment. For the purposes of this
17subsection, withdrawal of a settlement offer by defendant
18shall not be considered a rejection of the offer by the
19plaintiff. Notwithstanding any other provision of this
20subsection, prejudgment interest shall accrue for no longer
21than 5 years.
22    Notwithstanding any other provision of law, neither the
23State, a unit of local government, a school district,
24community college district, nor any other governmental entity
25is liable to pay prejudgment interest in an action brought
26directly or vicariously against it by the injured party.

 

 

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1    For any personal injury or wrongful death occurring before
2the effective date of this amendatory Act of the 102nd General
3Assembly, the prejudgment interest shall begin to accrue on
4the later of the date the action is filed or the effective date
5of this amendatory Act of the 102nd General Assembly.
6(Source: P.A. 101-168, eff. 1-1-20.)
 
7    Section 99. Effective date. This Act takes effect July 1,
82021.".