Illinois General Assembly - Full Text of HB3360
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Full Text of HB3360  101st General Assembly


Sen. Don Harmon

Filed: 1/11/2021





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2    AMENDMENT NO. ______. Amend House Bill 3360 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 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



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1entering judgment upon the same, and included in the judgment.
2Interest shall be computed and charged only on the unsatisfied
3portion of the judgment as it exists from time to time. The
4judgment debtor may by tender of payment of judgment, costs and
5interest accrued to the date of tender, stop the further
6accrual of interest on such judgment notwithstanding the
7prosecution of an appeal, or other steps to reverse, vacate or
8modify the judgment.
9    (b)(1) As used in this Section:
10    "Consumer debt" means money or property, or the equivalent,
11due or owing, or alleged to be due or owing, from a natural
12person by reason of a transaction in which property, services,
13or money is acquired by that natural person primarily for
14personal, 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 of
7the 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 set forth in the
14judgment. Prejudgment interest shall begin to accrue on the
15date the defendant has notice of the injury from the incident
16itself or a written notice. In entering judgment for the
17plaintiff in the action, the court shall add to the amount of
18the judgment interest on the amount calculated at the rate of
199% per annum.
20    (d) Notwithstanding any other provision of law, a local
21public entity is not liable to pay prejudgment interest in an
22action brought directly or vicariously against it by the
23injured party.
24    (e) For any personal injury or wrongful death occurring
25before the effective date of this amendatory Act of the 101st
26General Assembly, the prejudgment interest shall begin to



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1accrue on the later of the effective date of this amendatory
2Act of the 101st General Assembly or the date the alleged
3tortfeasor has notice of the injury.
4    (f) The trial court may, in its discretion, apportion any
5amount of prejudgment interest between the plaintiff and any
6agency or department of the State. In apportioning prejudgment
7interest as provided in this Section, the court shall consider,
8among other factors it deems relevant, the plaintiff's hardship
9from the time of injury to the date of judgment and the effort
10required to obtain the judgment.
11(Source: P.A. 101-168, eff. 1-1-20.)
12    Section 99. Effective date. This Act takes effect upon
13becoming law.".