SB8: SB8 Courts; arrest warrant requirements when juvenile courts are acting as courts of inquiry; provide

This bill replaces its original subject (juvenile court arrest warrants) with an entirely different set of changes proposed in a House committee substitute. It sets up a new category of notary called a 'remote online notary public,' who can notarize documents by video call instead of meeting signers in person. The Georgia Superior Court Clerks' Cooperative Authority would write technical standards for this by January 1, 2027, and notaries would need extra training, a $2,000 bond, and secure video and record-keeping systems before they could notarize online. The bill also changes rules for real estate paperwork: clerks of superior court could accept documents with an official and unofficial witness without checking how the witnessing happened, and it becomes an unfair business practice under Georgia's consumer protection law (O.C.G.A. § 10-1-393) to knowingly file certain home real estate documents tied to the unauthorized practice of law. It raises some unauthorized-practice-of-law violations from misdemeanors to felonies with fines up to $1 million, effective July 1, 2026.

• Creates a new 'remote online notary public' commission letting notaries verify signers and notarize documents over secure video instead of meeting them face to face.
• Directs the Georgia Superior Court Clerks' Cooperative Authority to adopt technical standards for remote online notarization by January 1, 2027.
• Requires remote online notaries to complete training, pass an exam, post a $2,000 surety bond, and keep a ten-year electronic journal and video recording of each notarization.
• Makes it an unfair business practice to knowingly file certain one-to-four family home real estate documents tied to the unauthorized practice of law.
• Raises penalties for unauthorized practice of law violations under O.C.G.A. § 15-19-51 and § 15-19-53 from misdemeanors to felonies, with fines up to $1 million for repeat offenses.
• Exempts video recordings of remote online notarizations from Georgia's open records law (O.C.G.A. § 50-18-70).

Notaries public and clerks of superior court statewide, people buying, selling, or refinancing homes, title and closing companies, technology vendors that provide video notarization services, and lawyers or non-lawyers involved in real estate closings who could face felony charges for unauthorized practice of law.

Georgians could get documents like deeds and closing papers notarized remotely instead of traveling to meet a notary in person, which could speed up real estate transactions. At the same time, people or companies improperly handling real estate closings without a licensed attorney could face felony charges and fines up to $1 million instead of a misdemeanor.

• Section 1-2 rewrites the notary definitions statute (O.C.G.A. § 45-17-1) to define terms like 'remote online notary public,' 'electronic seal,' and 'communication technology.'
• New Code Section 45-17-8.4 requires an applicant to already hold a regular notary commission, complete training, and submit an application with a technology provider and repository before becoming a remote online notary.
• New Code Section 45-17-8.5 requires each remote online notary to keep a tamper-evident electronic journal and audiovisual recording of each notarization, retained for at least ten years by a third-party repository.
• New Code Section 45-17-8.9 caps the fee a remote online notary can charge at $25.00 per notarization and makes tampering with a notary's digital signature tools a misdemeanor.
• New Code Section 45-17-8.10 clarifies that a non-attorney remote online notary is prohibited from giving legal advice or otherwise practicing law.
• Section 2-1 adds knowingly filing certain residential real estate documents tied to unauthorized law practice as an unfair or deceptive practice under the Fair Business Practices Act (O.C.G.A. § 10-1-393).
• Section 3-1 rewrites penalties under O.C.G.A. § 15-19-56, making certain unauthorized practice of law violations felonies punishable by one to ten years in prison and fines from $50,000 to $1 million.
• Section 4-1 sets most of the bill effective upon the Governor's signature, but delays the new felony penalties in Part III until July 1, 2026.

1. 2026-03-27House Passed/Adopted By Substitute (House)
2. 2026-03-27House Third Readers (House)
3. 2026-03-25House Committee Favorably Reported By Substitute (House)
4. 2025-04-04House Withdrawn, Recommitted (House)
5. 2025-03-31House Withdrawn, Recommitted (House)
6. 2025-03-31House Reconsidered (House)
7. 2025-03-31House Third Reading Lost (House)
8. 2025-03-31House Third Readers (House)

• Kay Kirkpatrick (R, SD-032)Primary sponsor
• Brian Strickland (R, SD-042)
• Bo Hatchett (R, SD-050)
• Kim Jackson (D, SD-041)
• Matt Brass (R, SD-006)
• Jason Esteves (D, SD-035)
• Joseph Gullett (R, HD-019)

1. PassedSenate voteFebruary 10, 2025

   51 yea, 1 nay (3 not voting, 1 absent)

   Passage: Senate Vote #28

2. FailedHouse voteMarch 31, 2025

   79 yea, 87 nay (6 not voting, 8 absent)

   Passage: House Vote #348

3. PassedHouse voteMarch 31, 2025

   94 yea, 74 nay (6 not voting, 6 absent)

   Reconsider: House Vote #349

4. PassedHouse voteMarch 27, 2026

   115 yea, 45 nay (1 not voting, 15 absent)

   Passage: House Vote #786

5. FailedSenate voteApril 2, 2026

   26 yea, 26 nay (1 not voting, 1 absent)

   Agree To House Substitute As Amended: Senate Vote #964

• notary public
• remote online notarization
• real estate closings
• unauthorized practice of law
• consumer protection