HB 61: 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, retitled the Georgia Anti-Squatting Act of 2026, would rewrite Georgia's squatting and eviction laws, giving property owners a fast law enforcement removal process and toughening penalties for using fake lease documents.
The summaries below were written by an AI model (claude-sonnet-5) from the text of the bill and are not part of it. Quote the text, not the summary. The stored text is the Comm Sub version, the latest LegiScan holds.
In plain language
Although HB 61 was originally about license plates for hearses and ambulances, the Senate replaced its content entirely with the Georgia Anti-Squatting Act of 2026. The bill rewrites Georgia's unlawful squatting law (O.C.G.A. § 16-7-21.1), requires magistrate courts to handle squatting cases and creates a new fast-track removal process for property owners. Under the new process, a property owner can submit a sworn complaint to the sheriff or another certified peace officer asking for immediate removal of unauthorized occupants, without going through a full eviction lawsuit, as long as conditions like no pending lease dispute are met. The bill also changes innkeeper-guest rules, shortens the deadline for sheriffs to execute eviction writs from 14 to 7 days, seals certain dispossessory court records after a tenant wins or after three years, and makes using a fake lease or deed to claim occupancy a felony punishable by one to five years in prison. It would take effect immediately if signed by the Governor.
What the bill does
- Creates a new fast-track process (O.C.G.A. § 44-11-34) letting property owners get sheriffs to immediately remove unauthorized occupants after filing a sworn complaint.
- Rewrites the unlawful squatting misdemeanor law (O.C.G.A. § 16-7-21.1), removing the old citation-and-documentation process and adding a restitution requirement based on fair market rent.
- Makes knowingly presenting a fake lease or deed to claim occupancy a felony with a mandatory one to five year prison sentence that cannot be suspended or probated.
- Shortens the time a sheriff has before a landlord can hire an off-duty officer to execute an eviction writ, from 14 days to 7 days.
- Requires courts to seal dispossessory (eviction) case records from public view once a tenant wins, satisfies a settlement, or three years pass.
- Adds new rules for innkeepers, including a 10-day written notice requirement before removing long-term guests who have stayed more than 90 days.
Who it affects
Real property owners and landlords, tenants and occupants facing removal, sheriffs and other certified peace officers who carry out removals, magistrate court judges, hotel and motel innkeepers and their guests, and anyone accused of unlawful squatting or lease fraud in Georgia.
Why it matters
Property owners would gain a quicker way to remove unauthorized occupants without a lengthy court eviction process, while people accused of squatting would face faster removal and a possible felony charge for using fake lease paperwork. Tenants who win eviction cases would also get more privacy through sealed court records.
Key provisions
- Section 2 and 3 give magistrate courts jurisdiction over unlawful squatting cases and the new removal proceedings under O.C.G.A. § 44-11-34.
- Section 4 rewrites O.C.G.A. § 16-7-21.1, dropping the prior three-day documentation window and instead making violation a misdemeanor with restitution based on fair market rent.
- Section 6 requires courts to make dispossessory case records unavailable to the public once the tenant prevails, a settlement is fulfilled, or three years pass.
- Section 7 cuts the writ-of-possession execution deadline from 14 to 7 days before a landlord can hire an off-duty certified officer, and adds officer-safety notice requirements.
- Section 8 creates O.C.G.A. § 44-11-34, letting property owners file a sworn 'Complaint to Remove Persons Unlawfully Residing' with law enforcement for immediate removal, subject to seven listed conditions.
- Section 8 also makes knowingly presenting a fraudulent lease or deed a felony with a mandatory minimum sentence of one to five years, non-suspendable and non-probatable.
- Section 8 creates a civil cause of action for wrongful removal, allowing recovery of triple the fair market rent plus damages, court costs, and attorney's fees.
- Section 9 makes the Act effective immediately upon the Governor's signature or becoming law without signature.
From the bill
“The General Assembly finds that the right to exclude others from entering, and the right to direct others to immediately vacate, real property are the most important real property rights.”
“Any person who, with the intent to remain or reside upon real property, knowingly and willfully presents to another person a false document purporting to be a valid lease agreement, deed, or other instrument conveying real property rights commits a felony”
“A court of competent jurisdiction shall order all records of the court relating to a dispossessory proceeding to be made unavailable to the public when the tenant has prevailed”
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
- property rights
- landlord-tenant law
- law enforcement powers