HB61: HB61 Motor vehicles; issuance of separate license plates for hearses and ambulances; provide

26 HB 61/SCSFA SENATE SUBSTITUTE TO HB 61 ADOPTED SENATE A BILL TO BE ENTITLED AN ACT To amend Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to1 magistrate courts, so as to provide for magistrate court jurisdiction over certain proceedings;2 to amend Code Section 16-7-21.1 of the Official Code of Georgia Annotated, relating to3 unlawful squatting, so as to revise offense provisions; to amend Article 1 of Chapter 21 of4 Title 43 of the Official Code of Georgia Annotated, relating to rights, duties, and liabilities5 of innkeepers, so as to provide for certain guest removal proce dures for innkeepers; to6 provide for an affidavit; to provide for construction; to amend Title 44 of the Official Code7 of Georgia Annotated, relating to property, so as to prohibit p ublic access to court records8 of dispossessory proceedings under certain conditions; to provi de for limitations and law9 enforcement officer safety regarding removal; to provide for legislative findings; to authorize10 real property owners to request assistance from law enforcement for the immediate removal11 of squatters from their property under certain conditions; to require such property owners to12 submit a verified complaint; to provide for complaint requireme nts; to provide for law13 enforcement requirements; to authorize arrest of squatters for legal cause; to authorize a fee14 for service; to provide for law enforcement and property owner immunity in certain15 instances; to provide for civil remedies; to provide for crimin al penalties; to provide for16 definitions; to provide for an effective date and applicability; to provide for related matters;17 to provide for a short title; to repeal conflicting laws; and for other purposes.18 - 1 - 26 HB 61/SCSFA BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:19 SECTION 1.20 This Act shall be known and may be cited as the ''Georgia Anti-Squatting Act of 2026.''21 SECTION 2.22 Chapter 10 of Title 15 of the Official Code of Georgia Annotate d, relating to magistrate23 courts, is amended in subsection (a) of Code Section 15-10-2, relating to general jurisdiction24 and authority of magistrate to act, by revising paragraphs (18) and (19) and adding a new25 paragraph to read as follows:26 "(18) The trial and sentencing of unlawful squatting violations as provided in Code27 Section 16-7-21.1; and28 (19) Proceedings against intruders and unlawful squatting as provided in Code29 Sections 44-11-30, 44-11-31, 44-11-32, and 44-11-33; and30 (20) Proceedings against squatters as provided in Code Section 44-11-34."31 SECTION 3.32 Said chapter is further amended by revising Code Section 15-10-260, relating to jurisdiction33 and penalties, as follows:34 "15-10-260.35 (a) This article governs trials of misdemeanor violations of C ode Sections 16-13-30,36 16-13-2, 16-8-14, 16-8-14.1, 3-3-23, and 16-7-21, and 16-7-21.1.37 (b) Magistrate courts are authorized to conduct trials and impose sentences for violations38 of misdemeanors specified in subsection (a) of this Code section; provided, however, that39 as follows:40 - 2 - 26 HB 61/SCSFA (1) For misdemeanor violations of Code Sections 16-13-30, 16-13-2, 16-8-14, 16-8-14.1,41 3-3-23, and 16-7-21, the violation must shall have occurred in the unincorporated area42 of the county; and43 (2) For misdemeanor violations of Code Section 16-7-21.1, the violation may have44 occurred anywhere in the county.45 (c) A person convicted of violation of a misdemeanor specified in subsection (a) of this46 Code section shall be punished as provided in paragraphs (1) th rough (4) ( 6 ) of this47 subsection as follows:48 (1) For possession of less than one ounce of marijuana, as provided in subsection (b) of49 Code Section 16-13-2;50 (2) For misdemeanor theft by shoplifting, as provided in paragraph (1) of subsection (b)51 of Code Section 16-8-14;52 (3) For misdemeanor refund fraud, as provided in paragraph (1) of subsection (b) of53 Code Section 16-8-14.1;54 (4) For furnishing alcoholic beverages to, and purchase and po ssession of alcoholic55 beverages by, a person under 21 years of age, as provided in Code Section 3-3-23.1; and56 (5) For criminal trespass, as provided in subsection (d) of Code Section 16-7-21; and57 (6) For unlawful squatting, as provided in subsection (c) of Code Section 16-7-21.1.58 (d) The jurisdiction of magistrate courts to try and dispose of the misdemeanor violations59 enumerated in subsection (a) of this Code section shall be concurrent with the jurisdiction60 of any other courts having jurisdiction to try and dispose of such cases."61 SECTION 4.62 Code Section 16-7-21.1 of the Official Code of Georgia Annotate d, relating to unlawful63 squatting, is amended as follows:64 "16-7-21.1.65 (a) As used in this Code section, the term 'resides' means to occupy, inhabit, or live.66 - 3 - 26 HB 61/SCSFA (a)(1)(b) A person commits the offense of unlawful squatting when he or she enters upon67 the land or premises of another and resides on such land or premises for any period of time68 knowingly acting without the knowledge or consent authority of the property owner, the69 rightful occupant of the property, or an authorized representative of the property owner. 70 As used in this Code section, the term 'resides' means to inhab it or live on or within any71 land or premises.72 (2) Any person who commits or is accused of committing the off ense of unlawful73 squatting as provided for in paragraph (1) of this subsection s hall receive a citation74 advising that he or she shall present to the head of the issuing law enforcement agency75 or its designee, within three business days of receiving the ci tation for such alleged76 offense, properly executed documentation that authorizes the person's entry on such land77 or premises. Such documentation may include a properly execute d lease or rental78 agreement or proof of rental payments.79 (3) If such person is unable to provide the documentation required by paragraph (2) of80 this subsection, such person shall be subject to arrest for unl awful squatting and, upon81 conviction thereof, shall be subject to the penalty provided in subsection (b) of this Code82 section.83 (4) If such person provides documentation that authorizes such person's entry on the land84 o r p r e m i s e s , a h e a r i n g s h a l l b e s e t w i t h i n s e v e n d a y s o f t h e s ubmission of such85 documentation, and, if the court of appropriate jurisdiction fi nds that the submitted86 documentation was not properly executed or is not meritorious, such person shall be87 subject to demand for possession and removal as provided in Code Section 44-11-32, be88 subject to arrest and upon conviction penalties as provided for in Code Sections 16-9-189 and 16-9-2, and be assessed an additional fine based on the fai r market monthly rental90 rate of the land or premises.91 (b)(c) Any person who violates subsection (a) (b) of this Code section shall be guilty of92 a misdemeanor which and upon conviction thereof, shall be punished as provided in Code93 - 4 - 26 HB 61/SCSFA Section 17-10-3 and, further, shall be ordered to make restitution to the property owner, the94 rightful occupant of the property, or an authorized representat ive of the property owner. 95 Such restitution shall be based upon the fair market monthly re ntal rate of the land or96 premises."97 SECTION 5.98 Article 1 of Chapter 21 of Title 43 of the Official Code of Geo rgia Annotated, relating to99 rights, duties, and liabilities of innkeepers, is amended by revising Code Section 43-21-3.2,100 relating to written statement of period of occupancy signed by guest and rights of innkeeper101 and guest under contract, as follows:102 "43-21-3.2.103 (a) A written statement prominently setting forth in bold type the time period during which104 a guest may occupy an assigned room, when separately signed or initialed by the guest, is105 a valid nonassignable contract. Such contract shall clearly state the terms under which a106 person may occupy the room and that he or she may be subject to removal for failing to107 comply with such contract; provided, however, that the contract shall include a provision108 that an innkeeper shall not require a guest who stays for more than 90 consecutive days to109 vacate such guest's room or the premises as set forth in subsection (b) of this Code section110 until at least ten days, excluding legal holidays, after such innkeeper has served the guest111 with written notice to vacate the room and premises. Such noti ce shall state the date by112 which such guest is required to vacate and shall be posted cons picuously in a sealed113 envelope on the door of the guest's assigned room and shall also be delivered by another114 reasonable method to such guest or representative of such guest, including, but not limited115 to, hand delivery, email, text message, mail, or placement unde r the door of the guest's116 assigned room. Upon the expiration of the contracted time period and any applicable grace117 At the expiration of such time period, the guest may be restrained from entering such room118 and any personal property of the guest shall be subject to the innkeeper's lien as provided119 - 5 - 26 HB 61/SCSFA for in Code Section 43-21-5 and may be removed by the innkeeper to a secure place where120 the guest may recover his or her personal property upon payment by such guest of all sums121 due for food, lodging, or other accommodation without liability to the innkeeper, except122 for damages to or loss of such personal property attributable to its removal. The innkeeper123 shall not charge arbitrary or excess fees for the storage, hand ling, or retrieval of such124 guest's personal property beyond what is reasonably associated with such actions. If a125 guest vacates his or her room prior to the date contained in the written statement, that such126 guest shall not be liable for charges for the time after the room is vacated unless the guest127 has agreed otherwise before occupying the room.128 (b)(1) Upon the expiration of the contracted time period and any applicable grace period129 set forth in the written contract, an innkeeper may immediately deny a guest further130 access to the room or premises and may secure any personal property left behind by the131 guest which shall be subject to the innkeeper's lien as provide d for in Code Section132 43-21-5.133 (2) If a guest refuses to vacate upon the expiration of the contracted time period and any134 applicable grace period and immediate denial of access is not possible, the innkeeper may135 execute and file an affidavit with the appropriate law enforcement agency, along with a136 copy of the signed contract, affirming the guest's lawful occupancy has expired. Upon137 receipt, the law enforcement agency shall treat the guest as a trespasser subject to138 removal under Code Section 16-7-21 and shall remove such person from the room or139 premises.140 (c)(1) Notwithstanding any other provision of law, when an inn keeper furnishes141 accommodations to a guest on a day-to-day or week-to-week basis, an innkeeper-guest142 relationship shall be presumed to exist regardless of such gues t's length of stay or143 frequency or method of payment, provided that such guest entere d into a valid written144 contract designating the relationship between the parties as innkeeper and guest and such145 accommodations were provided on a day-to-day or week-to-week basis. An agreement146 - 6 - 26 HB 61/SCSFA of understanding to convert a guest to a tenant shall be in wri ting, be signed by both147 parties, and expressly state the intent to establish a landlord-tenant relationship.148 (2) An innkeeper's acceptance of a missed or late payment tendered by a guest shall not149 create a landlord-tenant relationship nor waive an innkeeper's right to pursue immediate150 removal of a guest pursuant to this Code or any other provision of law.151 (d) Nothing in this Code section shall be construed to prohibit the innkeeper and guest 152 from agreeing to an alternative remedy in lieu of removal from the property upon the 153 expiration of a written contract under this Code section."154 SECTION 6.155 Title 44 of the Official Code of Georgia Annotated, relating to property, is amended in Code156 Section 44-7-50, relating to demand for possession, procedure upon a tenant's refusal, and157 notice to vacate or pay, by adding a new subsection to read as follows:158 "(e) A court of competent jurisdiction shall order all records of the court relating to a159 dispossessory proceeding to be made unavailable to the public w hen the tenant has160 prevailed in the proceeding, has met all the conditions of a settlement agreement, or three161 years have lapsed since the resolution of the dispossessory action."162 SECTION 7.163 Said title is further amended in Code Section 44-7-55, relating to judgment, writ of164 possession, landlord's liability for wrongful conduct, distribution of funds paid into court, and165 personal property, by revising subsection (e) as follows:166 "(e)(1) Nothing in this Code section shall require a sheriff, deputy sheriff, constable, or167 marshal to execute a writ of possession within 30 days from the issuance of any order168 granting a writ of possession, or the issuance, application, or request for the execution of169 the writ of possession; provided, however, that, in the event the sheriff, deputy sheriff,170 constable, or marshal is unable to execute the writ within 14 seven days from the171 - 7 - 26 HB 61/SCSFA landlord's application or request for such execution, the landl ord shall be entitled to172 utilize the services of an off-duty sheriff, deputy sheriff, co nstable, marshal, or other173 individual peace officer certified by the Georgia Peace Officer Standards and Training174 Council having authority within the jurisdiction wherein the premises lie to execute such175 writ at the landlord's sole cost and expense.176 (2) The sheriff, deputy sheriff, constable, or marshal shall maintain a list of authorized177 off-duty sheriffs, deputy sheriffs, constables, marshals, and o ther individuals peace178 officers certified by the Georgia Peace Officer Standards and Training Council and make179 the same available upon request by the landlord.180 (3) The sheriff, deputy sheriff, constable, or marshal shall main tain administrative181 authority over any persons executing writs under this subsection.182 (4) Nothing in this Code section shall be construed to mandate that a sheriff or marshal183 must authorize any off-duty peace officer who is not under his or her administrative184 authority to enforce the provisions of this Code section.185 (5) The landlord shall provide written notice to the sheriff, deputy sheriff, constable, or186 marshal to whom the application for execution was originally submitted of the date and187 time of the scheduled execution of the writ by such off-duty sheriff, deputy sheriff ,188 constable, marshal, or other individual peace officer certified by the Georgia Peace189 Officer Standards and Training Council at least five three calendar days in advance of190 such execution in order to permit the sheriff, deputy sheriff, constable, or marshal to note191 the same within his or her own records.192 (6) For officer safety purposes, a landlord that is utilizing the services of an off-duty193 sheriff, deputy sheriff, constable, marshal, or other peace officer certified by the Georgia194 Peace Officer Standards and Training Council pursuant to this Code section shall provide195 written notice to the sheriff of the county and, if applicable, the police chief and marshal196 of the county at least three cale ndar days in advance of any wr it of possession being197 executed."198 - 8 - 26 HB 61/SCSFA SECTION 8.199 Said title is further amended in Chapter 11, relating to ejectm ent and proceedings against200 intruders, by adding a new Code section to read as follows:201 "44-11-34.202 (a) As used in this Code section, the term 'resides' shall have the same meaning as set forth203 in Code Section 16-7-21.1.204 (b) The General Assembly finds that the right to exclude other s from entering, and the205 right to direct others to immediately vacate, real property are the most important real206 property rights. The General Assembly further finds that exist ing remedies regarding a207 squatter, also known as an unauthorized person who unlawfully remains or resides on real208 property, fail to adequately protect the rights of the real pro perty owner and fail to209 adequately discourage theft and vandalism. The intent of this Code section is to swiftly210 restore possession of real property to the lawful owner of the property when such property211 is being unlawfully occupied and to thereby preserve real property rights while limiting the212 opportunity for criminal activity.213 (c) A real property owner or his or her authorized agent may r equest from the sheriff,214 deputy sheriff, constable, marshal, or other peace officer cert ified by the Georgia Peace215 Officer Standards and Training Council of the county in which the real property is located216 the immediate removal of a person or persons unlawfully residin g on or within the real217 property pursuant to this Code section, subject to the following conditions:218 (1) The requesting person is the real property owner or author ized agent of the real219 property owner;220 (2) An unauthorized person or persons have unlawfully entered and remain or continue221 to reside on or within the property owner's real property;222 (3) The real property was not open to members of the public at the time the unauthorized223 person or persons entered;224 - 9 - 26 HB 61/SCSFA (4) The real property owner has directed the unauthorized person or persons to leave the225 real property;226 (5) The unauthorized person or persons are not current tenants pursuant to a written or227 oral rental agreement authorized by the real property owner;228 (6) The unauthorized person or persons are not immediate family members of the real229 property owner; and230 (7) There is no pending litigation related to the real property between the real property231 owner and any known, unauthorized person.232 (d) To request the immediate removal of a person or persons un lawfully residing on or233 within the real property, the real property owner or his or her authorized agent shall submit234 a complaint by presenting a completed and verified Complaint to Remove Persons235 Unlawfully Residing On or Within Real Property to the sheriff, deputy sheriff, constable,236 marshal, or other peace officer certified by the Georgia Peace Officer Standards and237 Training Council of the county in which the real property is lo cated. The submitted238 complaint shall be in substantially the following form:239 'COMPLAINT TO REMOVE PERSONS UNLAWFULLY RESIDING ON240 OR WITHIN REAL PROPERTY241 I, the owner or authorized agent of the owner of the real property located at 242 , declare under the penalty of perjury that (initial each box):243 1. G I am the owner of the real property or the authorized agent of the owner244 of the real property.245 2. G I purchased the property on (date).246 3. G An unauthorized person or persons have unlawfully entered and a re247 remaining or residing unlawfully on or within the real property.248 - 10 - 26 HB 61/SCSFA 4. G The real property was not open to members of the public at the time the249 unauthorized person or persons entered.250 5. G I have directed the unauthorized person or persons to leave the real251 property, but they have not done so.252 6. G The unauthorized person or persons are not current tenants purs uant to253 any valid lease I authorized, and any lease that may be produced by such254 person or persons is fraudulent or expired.255 7. G The unauthorized person or persons sought to be removed are not an256 owner or a co-owner of the real property and have not been listed on the257 title to the real property unless the person or persons have engaged in title258 fraud.259 8. G The unauthorized person or persons sought to be removed are not260 immediate family members of mine.261 9. G There is no litigation related to the real property pending between myself262 and any person or persons sought to be removed.263 10. G I understand that a person or persons removed from the real pro perty264 pursuant to this procedure may bring a cause of action against me for any265 false statements made in this complaint, or for wrongfully usin g this266 procedure, and that as a result of such action I may be held li able for267 actual damages, statutory damages, penalties, costs, and reason able268 attorney's fees.269 11. G I am requesting the sheriff, deputy sheriff, constable, marshal , or other270 peace officer certified by the Georgia Peace Officer Standards a n d271 Training Council to immediately remove the unauthorized person or272 persons from the real property.273 - 11 - 26 HB 61/SCSFA 12. G A copy of my valid government issued identification is attached, or I am274 an agent of the real property owner and documents evidencing my275 authority to act on the real property owner's behalf are attached.276 I HAVE READ EVERY STATEMENT MADE IN THIS COMPLAINT AND EACH277 STATEMENT IS TRUE AND CORRECT. I UNDERSTAND THAT THE278 STATEMENTS MADE IN THIS COMPLAINT ARE BEING MADE UNDER279 PENALTY OF PERJURY, PUNISHABLE AS PROVIDED IN O.C.G.A. 16-10-70.280 281 (Signature of Real Property Owner or Agent of Real Property Owner)'282 (e)(1) Upon receipt of the complaint, the sheriff, deputy sheriff, constable, marshal, or283 other peace officer certified by the Georgia Peace Officer Standards and Training Council284 shall verify in good faith that the person submitting the compl aint is the true property285 owner of the real property or the authorized agent of the prope rty owner and appears286 otherwise entitled to relief under this Code section. If verif ied, such sheriff, deputy287 sheriff, constable, marshal, or other peace officer shall, with out delay, serve notice to288 immediately vacate on all unauthorized persons and shall put the real property owner in289 possession of the real property.290 (2) Service pursuant to paragraph (1) of this subsection may be accomplished by hand291 delivery of the notice to an unauthorized person or by posting the notice on the front door292 or entrance of the real property.293 (f)(1) The sheriff, deputy sheriff, constable, marshal, or other peace officer certified by294 the Georgia Peace Officer Standards and Training Council shall be entitled to the same295 fee for service of the notice to immediately vacate as if such sheriff, deputy sheriff,296 constable, marshal, or other peace officer certified by the Geo rgia Peace Officer297 Standards and Training Council were serving a writ of possessio n. After such sheriff,298 - 12 - 26 HB 61/SCSFA deputy sheriff, constable, marshal, or other peace officer certified by the Georgia Peace299 Officer Standards and Training Council serves the notice to immediately vacate, the real300 property owner or his or her authorized agent may request the s heriff, deputy sheriff,301 constable, marshal, or other peace officer certified by the Geo rgia Peace Officer302 Standards and Training Council to stand by to keep the peace wh ile the verified real303 property owner or authorized agent of the real property owner c hanges the locks and304 removes any personal property of the unauthorized person or per sons from the land or305 premises to or near the property line. When such request is made, such sheriff, deputy306 sheriff, constable, marshal, or other peace officer certified by the Georgia Peace Officer307 Standards and Training Council may charge a reasonable hourly r ate, and the real308 property owner or agent requesting such service shall be respon sible for paying the309 reasonable hourly rate set by such sheriff, deputy sheriff, con stable, marshal, or other310 peace officer certified by the Georgia Peace Officer Standards and Training Council. The311 sheriff, deputy sheriff, constable, marshal, or other peace officer certified by the Georgia312 Peace Officer Standards and Training Council shall not be liabl e to the unauthorized313 person or persons or any other party for the loss of or destruc tion or damage to the314 property.315 (2) The real property owner or his or her authorized agent sha ll not be liable to an316 unauthorized person or persons or any other party for the loss of or destruction or damage317 to such personal property unless the removal was wrongful.318 (g) Any person who, with the intent to remain or reside upon real property, knowingly and319 willfully presents to another person a false document purportin g to be a valid lease320 agreement, deed, or other instrument conveying real property rights commits a felony, and321 upon conviction thereof, shall be sentenced to a mandatory minimum term of imprisonment322 of not less than one year nor more than five years, and no port ion of the mandatory323 minimum sentence imposed shall be suspended, stayed, probated, deferred, or otherwise324 withheld by the sentencing court.325 - 13 - 26 HB 61/SCSFA (h) A person may bring a civil cause of action for wrongful re moval under this Code326 section. A person harmed by a wrongful removal under this Code section may be restored327 to possession of the real property and may recover actual damag es incurred, statutory328 damages equal to three times the fair market monthly rental rat e of the property, court329 costs, and reasonable attorney's fees. The court shall expedite such cause of action on the330 court calendar.331 (i) Nothing in this Code section shall prohibit or otherwise l imit the rights of a real332 property owner or the authority of a sheriff, deputy sheriff, c onstable, marshal, or other333 peace officer certified by the Georgia Peace Officer Standards and Training Council to334 arrest an unauthorized person or persons for criminal trespass as provided in Code335 Section 16-7-21, unlawful squatting as provided in Code Section 16-7-21.1, criminal336 damage to property in the first degree as provided in Code Sect ion 16-7-22, criminal337 damage to property in the second degree as provided in Code Sec tion 16-7-23, theft in338 violation of Article 1 of Chapter 8 of Title 16, or any other offense."339 SECTION 9.340 This Act shall become effective upon its approval by the Governor or upon its becoming law341 without such approval.342 SECTION 10.343 All laws and parts of laws in conflict with this Act are repealed.344 - 14 -