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Public Act 102-0006
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| SB0072 Enrolled | LRB102 04343 LNS 14361 b |
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Code of Civil Procedure is amended by |
changing Section 2-1303 as follows:
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(735 ILCS 5/2-1303) (from Ch. 110, par. 2-1303)
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Sec. 2-1303. Interest on judgment. |
(a) Except as provided in subsection (b), judgments |
recovered in
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
of local |
government, as defined in Section 1 of Article VII of the |
Constitution,
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 portion of
the judgment as it exists from time to |
time. 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 such
judgment |
notwithstanding the prosecution of an appeal, or other steps |
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to
reverse, vacate or modify the judgment.
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(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, except punitive |
damages, sanctions, statutory attorney's fees, and statutory |
costs, set forth in the judgment. Prejudgment interest shall |
begin to accrue on the date the action is filed. If the |
plaintiff voluntarily dismisses the action and refiles, the |
accrual of prejudgment interest shall be tolled from the date |
the action is voluntarily dismissed to the date the action is |
refiled. In entering judgment for the plaintiff in the action, |
the court shall add to the amount of the judgment interest |
calculated at the rate of 6% per annum on the amount of the |
judgment, minus punitive damages, sanctions, statutory |
attorney's fees, and statutory costs. If the judgment is |
greater than the amount of the highest written settlement |
offer made by the defendant within 12 months after the later of |
the effective date of this amendatory Act of the 102nd General |
Assembly or the filing of the action and not accepted by the |
plaintiff within 90 days after the date of the offer or |
rejected by the plaintiff, interest added to the amount of |
judgment shall be an amount equal to interest calculated at |
the rate of 6% per annum on the difference between the amount |
of the judgment, minus punitive damages, sanctions, statutory |
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attorney's fees, and statutory costs, and the amount of the |
highest written settlement offer. If the judgment is equal to |
or less than the amount of the highest written settlement |
offer made by the defendant within 12 months after the later of |
the effective date of this amendatory Act of the 102nd General |
Assembly or the filing of the action and not accepted by the |
plaintiff within 90 days after the date of the offer or |
rejected by the plaintiff, no prejudgment interest shall be |
added to the amount of the judgment. For the purposes of this |
subsection, withdrawal of a settlement offer by defendant |
shall not be considered a rejection of the offer by the |
plaintiff. Notwithstanding any other provision of this |
subsection, prejudgment interest shall accrue for no longer |
than 5 years. |
Notwithstanding any other provision of law, neither the |
State, a unit of local government, a school district, |
community college district, nor any other governmental entity |
is liable to pay prejudgment interest in an action brought |
directly or vicariously against it by the injured party. |
For any personal injury or wrongful death occurring before |
the effective date of this amendatory Act of the 102nd General |
Assembly, the prejudgment interest shall begin to accrue on |
the later of the date the action is filed or the effective date |
of this amendatory Act of the 102nd General Assembly. |
(Source: P.A. 101-168, eff. 1-1-20.)
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Section 99. Effective date. This Act takes effect July 1, |