House · Engrossed · 2025-2026 Regular Session
HB 792: Courts; increase amount of magistrate court claims from $15,000.00 to $30,000.00
Last action March 27, 2026 · Senate Read Second Time
A Senate substitute to House Bill 792 would replace its original magistrate court subject matter with new criminal and civil penalties for using social media to impersonate Georgians or to solicit violent felonies.
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 the General Assembly's website lists.
In plain language
Although HB 792 was originally about raising the dollar limit on magistrate court claims, the version described here is a Senate committee substitute that rewrites the bill entirely. It adds a new section to Georgia's internet and e-mail fraud law (O.C.G.A. Title 16, Chapter 9) creating two new crimes: digital identity fraud, which is knowingly using or mimicking another Georgia resident's identity or social media profile without consent to deceive, harm, or defraud someone, and criminal digital design, which is using a social media platform to encourage or aid a violent felony. Both crimes are felonies punishable by one to 20 years in prison and fines between $1,000 and $500,000. Social media platform operators must evaluate fraud complaints within 72 hours and must restrict access to content flagged by law enforcement within 72 hours, or face civil fines up to $5,000 or $50,000 per day per violation. Victims also get a civil right to sue for damages and attorney's fees. The changes would take effect July 1, 2026.
What the bill does
- Creates a new felony called digital identity fraud for knowingly using or mimicking a Georgia resident's identity or social media profile without consent to deceive, harm, or commit fraud.
- Creates a new felony called criminal digital design for using social media to encourage, aid, or solicit a violent felony.
- Sets penalties for both new crimes at one to 20 years in prison, fines from $1,000 to $500,000, or both.
- Requires social media operators to evaluate fraud complaints within 72 hours or face civil fines up to $5,000 per day.
- Requires operators to restrict flagged content within 72 hours of a law enforcement report or face civil fines up to $50,000 per day.
- Gives victims of digital identity fraud or criminal digital design a civil right to sue for damages and attorney's fees.
Who it affects
Georgia residents whose identities or social media profiles could be impersonated, people who use social media to solicit or aid violent crimes, social media platform operators who must evaluate and act on fraud complaints, and prosecutors or the Attorney General who would enforce the new civil fines.
Why it matters
Georgians could face felony charges and steep fines for impersonating someone online to deceive or harm them, or for using social media to encourage violent crimes. Social media companies would face new compliance deadlines and civil fines, and fraud victims would gain a clearer path to sue for damages.
Key provisions
- Adds new O.C.G.A. § 16-9-109.2 defining 'operator' and 'social media platform' for purposes of the new offenses.
- Subsection (b) defines digital identity fraud as using or mimicking another Georgia resident's identity or profile without consent to deceive, harm, or commit fraud.
- Subsection (c) defines criminal digital design as using social media to encourage or aid a violent felony.
- Subsection (d) sets penalties of one to 20 years imprisonment and fines of $1,000 to $500,000 for either offense.
- Subsection (e) requires operators to evaluate fraud notices within 72 hours or face civil fines up to $5,000 per day, enforced by prosecutors or the Attorney General.
- Subsection (f) requires operators to restrict flagged content within 72 hours of a qualifying law enforcement report or face civil fines up to $50,000 per day.
- Subsection (g) creates a civil cause of action for victims, allowing damages and attorney's fees.
- Subsection (h) clarifies the law should not infringe free speech rights or impose liability on operators as publishers, consistent with federal Section 230 protections.
From the bill
“A person commits the offense of digital identity fraud when, using a social media platform, such person knowingly and without authorization”
“shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than 20 years, a fine of not less than $1,000.00 nor more than $500,000.00, or both.”
“Any violation of subsection (b) or (c) of this Code section shall constitute a tort and shall create a right of action in any person aggrieved by such violation”
Discussed in meetings (10)
The House and Senate meetings that took this bill up, from their machine transcripts. Each account was written by Georgia Commons with AI and is not part of the record; the video is what was said.
House Judiciary Committee, February 18, 2026
From 1:11:58 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The sponsor proposed raising magistrate courts’ claim limit from $15,000 to $30,000, saying inflation and higher vehicle and goods prices had left residents with claims too large for that simpler court process. Asked about the amount, the sponsor said it roughly reflected inflation but accepted $25,000 as an alternative tied to minimum automobile liability coverage. A Council of State Court Judges witness supported an increase to $25,000 rather than $30,000. The witness warned of heavier caseloads, resource needs and appeals, and said most magistrates were not lawyers. Members described benefits for residents disputing vehicle values and for counties without state courts. The witness said Georgia had 72 state courts and 87 counties without one, while noting that state courts served more than three-fourths of residents. Members and the witness also discussed when an appeal could provide a new trial or jury review. Asked what share of magistrate cases involved vehicle accidents, the witness did not know. The committee adopted an amendment reducing the proposed limit to $25,000, with the sponsor’s agreement, then approved the amended bill by voice vote.
House Rules Committee, February 23, 2026
From 0:53:53 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The sponsor presented a substitute for HB 792 that would raise the magistrate-court claim limit from $15,000 to $25,000. The sponsor said superior, magistrate and state courts had negotiated that amount in response to inflation, allowing claims such as minor car-crash disputes to remain in magistrate court. The sponsor said parties would retain the right to appeal to superior court. There were no questions.
House Rules Committee, February 25, 2026
From 1:44:06 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The committee placed HB 792 on the current day's floor calendar after a motion and second. The chair asked for opposition and declared it added. No substantive discussion was shown.
House floor session, February 25, 2026 (legislative day 24)
From 2:15:47 · Watch on the General Assembly's Vimeo channel · Confirmed by the 2026 House Journal, p. 1205
Summary by Georgia Commons: The clerk's caption described HB 792 as raising the magistrate-court claim limit from $15,000 to $30,000, but the sponsor explained that the version before members would raise it to $25,000. The sponsor said inflation had reduced the usefulness of a limit that had not been updated for roughly 15 to 20 years. No questions were asked. The House adopted the committee substitute and passed the bill 170 to 0.
Senate floor session, March 25, 2026 (legislative day 37)
From 2:33:33 · Watch on the General Assembly's Vimeo channel · Confirmed by the bill's status history (Senate Withdrawn & Recommitted)
Summary by Georgia Commons: A senator requested moving HB 792 from Judiciary to Government Oversight. The clerk described increasing the maximum magistrate court claim from $15,000 to $25,000. The Senate granted the motion without objection.
Senate Government Oversight Committee, March 26, 2026
From 0:07:31 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The chair presented a substitute for HB 792, saying the original sponsor agreed to replacing the text with legislation previously approved unanimously by the Judiciary Committee and 50 to 1 by the Senate. The chair identified a new section creating an offense involving digital design on social media platforms, describing it as protection for children. A visiting legislator said an unnamed platform hosted detailed recreations of school shootings in which players act as shooters and victims’ names appear. The legislator also described grooming on the platform and said 42 cases in January involved kidnapping, rape or child pornography. The legislator urged immediate action and said a study committee had also been proposed. One committee member supported moving the measure quickly. Another questioned whether language about encouraging or aiding a felony would cover the games, suggested adding language about replicating violence, and asked whether an actual violent felony would have to occur. The visiting legislator said the language was developed quickly with the Georgia Trial Lawyers Association and legislative counsel and expressed openness to stronger wording. The questions were not definitively resolved, and no further amendment was offered. The committee unanimously approved the substitute.
Senate Rules Committee, March 30, 2026
From 0:54:24 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The presenter requested HB 792, saying it was not on the selection sheet and had been taken over by a Senate sponsor. The presenter said it concerned online fraud but acknowledged not knowing its provisions. It was not included in the final calendar.
Status timeline
- Senate Read Second Time (Senate)
- Senate Committee Favorably Reported By Substitute (Senate)
- Senate Withdrawn & Recommitted (Senate)
- Senate Read and Referred (Senate)
- House Passed/Adopted By Substitute (House)
- House Third Readers (House)
- House Committee Favorably Reported By Substitute (House)
- House Second Readers (House)
Show full history (11 actions)
- House Withdrawn, Recommitted (House)
- House First Readers (House)
- House Hopper (House)
Sponsors
- Martin Momtahan (R, HD-17)
- Matthew Gambill (R, HD-15)
- Stan Gunter (R, HD-8)
- Tyler Paul Smith (R, HD-18)
- Soo Hong (R, HD-103)
- Mitchell Scoggins (R, HD-14)
- Timothy Bearden (R, SD-30)
Votes
- House voteFebruary 25, 2026
170 yea, 0 nay (4 not voting, 3 excused)
Topics
- online impersonation
- social media regulation
- identity fraud
- internet crime
- consumer protection