HB61: HB61 Motor vehicles; issuance of separate license plates for hearses and ambulances; provide
Last action March 31, 2026 · House Tabled
A Senate substitute to HB 61 would create the Georgia Anti-Squatting Act of 2026, letting property owners get police to remove squatters through a sworn complaint process and toughening penalties for people who unlawfully occupy land or use fake lease documents.
In plain language
Although this bill is titled as a measure about hearse and ambulance license plates, the substitute version adopted by the Senate replaces that subject entirely with a package of anti-squatting and landlord-tenant provisions called the Georgia Anti-Squatting Act of 2026. The bill rewrites Georgia's unlawful squatting law (O.C.G.A. § 16-7-21.1) to require accused squatters to prove their right to be on the property within three days of a citation or face arrest. It gives magistrate courts jurisdiction over these cases and creates a new process (O.C.G.A. § 44-11-34) letting property owners submit a sworn complaint asking a sheriff or other officer to immediately remove squatters, with penalties for false statements. It also changes hotel guest removal rules, allows courts to seal dispossessory case records under certain conditions, shortens landlord writ-of-possession timelines, and creates a felony for presenting fake lease or deed documents. The law would take effect as soon as the Governor signs it.
What the bill does
- Rewrites the unlawful squatting offense (O.C.G.A. § 16-7-21.1) so a person cited for squatting must produce proof of authorization within three business days or face arrest and conviction.
- Gives magistrate courts jurisdiction to try squatting cases and new proceedings against squatters (O.C.G.A. § 15-10-2 and § 44-11-34).
- Creates a sworn complaint process letting real property owners ask a sheriff, deputy, constable, or marshal to immediately remove people unlawfully residing on their land, subject to listed conditions.
- Makes it a felony, punishable by one to five years in prison with no suspended sentence, to knowingly present a fake lease, deed, or similar document to claim a right to occupy property.
- Lets courts seal public access to dispossessory (eviction) case records once a tenant wins, meets a settlement, or three years have passed since the case ended.
- Shortens the window before a landlord can hire an off-duty officer to execute a writ of possession from 14 to 7 days and adjusts related notice periods for hotel guest removals.
Who it affects
The bill affects people accused of squatting or trespassing, real property owners and their agents, landlords and tenants involved in eviction (dispossessory) cases, hotel and motel innkeepers and their long-term guests, and sheriffs, deputies, constables, and other certified peace officers who would carry out removals.
Why it matters
Property owners would gain a faster, police-assisted path to remove squatters without going through a full eviction lawsuit, while accused squatters would face a tight three-day deadline to prove they have a legal right to be on the property or risk arrest. Eviction records could also become harder for the public to see in some cases.
Key provisions
- Section 2 and 3 give magistrate courts jurisdiction over unlawful squatting trials and new proceedings against squatters under Code Sections 44-11-30 through 44-11-34.
- Section 4 revises O.C.G.A. § 16-7-21.1 so an accused squatter must submit proof of lawful entry within three business days of a citation or face arrest and, on conviction, pay restitution based on fair market rent.
- Section 5 changes innkeeper removal rules (O.C.G.A. § 43-21-3.2), allowing an innkeeper to file an affidavit with police to have a non-vacating guest treated as a trespasser and removed.
- Section 6 adds a provision (O.C.G.A. § 44-7-50) letting courts seal public access to dispossessory case records once a tenant prevails, settles, or three years pass.
- Section 7 shortens from 14 to 7 days the time a landlord must wait before hiring an off-duty officer to execute a writ of possession, and adjusts advance-notice periods to three days.
- Section 8 creates O.C.G.A. § 44-11-34, a new sworn-complaint procedure for property owners to request immediate police removal of squatters, plus a felony penalty for presenting fraudulent property documents and a civil cause of action for wrongful removal.
- Section 9 sets the effective date as the date the Governor signs the bill or it otherwise becomes law without signature.
Status timeline
- House Tabled (House)
- Senate Passed/Adopted By Substitute (Senate)
- Senate Third Read (Senate)
- Senate Committee Favorably Reported By Substitute (Senate)
- Senate Recommitted (Senate)
- Senate Read Second Time (Senate)
- Senate Committee Favorably Reported By Substitute (Senate)
- Senate Read and Referred (Senate)
Show full history (14 actions)
- House Passed/Adopted (House)
- House Third Readers (House)
- House Committee Favorably Reported (House)
- House Second Readers (House)
- House First Readers (House)
- House Hopper (House)
Sponsors
- Devan Seabaugh (R, HD-034)
- Lauren McDonald (R, HD-026)
- John Corbett (R, HD-174)
- Danny Mathis (R, HD-133)
- Clint Crowe (R, HD-118)
- Shawn Still (R, SD-048)
Votes
- House voteFebruary 11, 2025
165 yea, 0 nay (7 not voting, 8 absent)
- Senate voteMarch 20, 2026
29 yea, 21 nay (0 not voting, 4 absent)
- Senate voteMarch 20, 2026
24 yea, 26 nay (0 not voting, 4 absent)
- Senate voteMarch 20, 2026
22 yea, 28 nay (0 not voting, 4 absent)
- Senate voteMarch 20, 2026
32 yea, 18 nay (0 not voting, 4 absent)
Topics
- squatting law
- evictions and landlord-tenant rules
- property rights
- law enforcement procedures
- magistrate courts