Bill Text: IL HB3360 | 2019-2020 | 101st General Assembly | Enrolled
Bill Title: Amends the Code of Civil Procedure. Provides that in all actions brought to recover damages for personal injuries or wrongful death resulting from or occasioned by the wrongful conduct of any other person or entity, the plaintiff shall recover prejudgment interest on all damages set forth in the judgment. Provides that a local public entity is not liable to pay prejudgment interest in an action brought directly or vicariously against it by the injured party. Provides that for any personal injury or wrongful death occurring before the effective date of the amendatory Act, the prejudgment interest shall begin to accrue on the later of the effective date of the amendatory Act or the date the alleged tortfeasor has notice of the injury. Provides that the trial court may apportion any amount of prejudgment interest between the plaintiff and any agency or department of the State. Effective immediately.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Enrolled - Dead) 2021-01-13 - Passed Both Houses [HB3360 Detail]
Download: Illinois-2019-HB3360-Enrolled.html
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1 | AN ACT concerning civil law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Code of Civil Procedure is amended by | ||||||
5 | changing Section 2-1303 as follows:
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6 | (735 ILCS 5/2-1303) (from Ch. 110, par. 2-1303)
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7 | Sec. 2-1303. Interest on judgment. | ||||||
8 | (a) Except as provided in subsection (b), judgments | ||||||
9 | recovered in
any court shall draw interest at the rate of 9% | ||||||
10 | per annum from the date
of the judgment until satisfied or 6% | ||||||
11 | per annum when the judgment debtor is a unit
of local | ||||||
12 | government, as defined in Section 1 of Article VII of the | ||||||
13 | Constitution,
a school district, a community college district, | ||||||
14 | or any other governmental
entity. When judgment is entered upon | ||||||
15 | any award, report or verdict, interest
shall be computed at the | ||||||
16 | above rate, from the time when made or rendered
to the time of | ||||||
17 | entering judgment upon the same, and included in the judgment.
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18 | Interest shall be computed and charged only on the unsatisfied | ||||||
19 | portion of
the judgment as it exists from time to time. The | ||||||
20 | judgment debtor may by
tender of payment of judgment, costs and | ||||||
21 | interest
accrued to the date of tender, stop the further | ||||||
22 | accrual of interest on such
judgment notwithstanding the | ||||||
23 | prosecution of an appeal, or other steps to
reverse, vacate or |
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1 | modify the judgment.
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2 | (b)(1) As used in this Section: | ||||||
3 | "Consumer debt" means money or property, or the equivalent, | ||||||
4 | due or owing, or alleged to be due or owing, from a natural | ||||||
5 | person by reason of a transaction in which property, services, | ||||||
6 | or money is acquired by that natural person primarily for | ||||||
7 | personal, family, or household purposes. | ||||||
8 | "Consumer debt judgment" means a judgment recovered in any | ||||||
9 | court against one or more natural persons arising out of | ||||||
10 | consumer debt. "Consumer debt judgment" does not include any | ||||||
11 | compensation for bodily injury or death, nor any judgment | ||||||
12 | entered where the debt is guaranteed by or contains a joint and | ||||||
13 | several liability provision between a natural person and a | ||||||
14 | business, whether or not that business is legally constituted | ||||||
15 | under the laws of this State or any other state. | ||||||
16 | (2) Notwithstanding subsection (a), consumer debt | ||||||
17 | judgments of $25,000 or less shall draw interest from the date | ||||||
18 | of the judgment until satisfied at the rate of 5% per annum. | ||||||
19 | (3) The judgment debtor may, by tender of payment of | ||||||
20 | judgment, costs, and interest accrued to the date of tender, | ||||||
21 | stop the further accrual of interest on the consumer debt | ||||||
22 | judgment, notwithstanding the prosecution of an appeal, or | ||||||
23 | other steps to reverse, vacate, or modify the judgment. | ||||||
24 | (4) This subsection applies to all consumer debt judgments | ||||||
25 | entered into after the effective date of this amendatory Act of | ||||||
26 | the 101st General Assembly. |
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1 | (c) In all actions brought to recover damages for personal | ||||||
2 | injury or wrongful death resulting from or occasioned by the | ||||||
3 | conduct of any other person or entity, whether by negligence, | ||||||
4 | willful and wanton misconduct, intentional conduct, or strict | ||||||
5 | liability of the other person or entity, the plaintiff shall | ||||||
6 | recover prejudgment interest on all damages set forth in the | ||||||
7 | judgment. Prejudgment interest shall begin to accrue on the | ||||||
8 | date the defendant has notice of the injury from the incident | ||||||
9 | itself or a written notice. In entering judgment for the | ||||||
10 | plaintiff in the action, the court shall add to the amount of | ||||||
11 | the judgment interest on the amount calculated at the rate of | ||||||
12 | 9% per annum. | ||||||
13 | (d) Notwithstanding any other provision of law, a local | ||||||
14 | public entity is not liable to pay prejudgment interest in an | ||||||
15 | action brought directly or vicariously against it by the | ||||||
16 | injured party. | ||||||
17 | (e) For any personal injury or wrongful death occurring | ||||||
18 | before the effective date of this amendatory Act of the 101st | ||||||
19 | General Assembly, the prejudgment interest shall begin to | ||||||
20 | accrue on the later of the effective date of this amendatory | ||||||
21 | Act of the 101st General Assembly or the date the alleged | ||||||
22 | tortfeasor has notice of the injury. | ||||||
23 | (f) The trial court may, in its discretion, apportion any | ||||||
24 | amount of prejudgment interest between the plaintiff and any | ||||||
25 | agency or department of the State. In apportioning prejudgment | ||||||
26 | interest as provided in this Section, the court shall consider, |
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1 | among other factors it deems relevant, the plaintiff's hardship | ||||||
2 | from the time of injury to the date of judgment and the effort | ||||||
3 | required to obtain the judgment. | ||||||
4 | (Source: P.A. 101-168, eff. 1-1-20 .)
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