Senate Bill 184
By: Senators Albers of the 56th, Still of the 48th, Hatchett of the 50th, Setzler of the 37th,
Summers of the 13th and others
A BILL TO BE ENTITLED
AN ACT
To amend Title 16 of the Official Code of Georgia Annotated, relating to crimes and
offenses, so as to provide that a person must show certain documentation upon receipt of a
citation for unlawful squatting; to provide for a penalty; to amend Code Section 16-9-2 of
the Official Code of Georgia Annotated, relating to penalties for forgery, so as to provide for
a penalty for forgery cases related to the offense of unlawful squatting; to amend Article 1
of Chapter 21 of Title 43 of the Official Code of Georgia Annotated, relating to rights, duties,
and liabilities of innkeepers, so as to provide for certain guest ejectment procedures for
innkeepers; to provide for an affidavit; to provide for related matters; to provide for a short
title; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
This Act shall be known and may be cited as the ''Georgia Anti-Squatting Act of 2025.''
SECTION 2.
Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is
amended by revising Code Section 16-7-21.1, relating to unlawful squatting, as follows:
"16-7-21.1.
(a)(1) A person commits the offense of unlawful squatting when he or she enters upon
the land or premises of another and resides on such land or premises for any period of
time knowingly acting without the knowledge or consent of the owner, <ins>the</ins> rightful
occupant, or an authorized representative of the owner, <ins>and shall be subject to removal.
If the owner, rightful occupant, or authorized representative of the owner, shall take and
subscribe an affidavit, in writing, before any officer authorized to administer an oath
setting forth that such owner, rightful occupant, or authorized representative of the owner
in fact claims, in good faith, that the occupancy of any person upon such land or premises
is unauthorized and such person refuses to vacate the premises, it shall be the duty of the
sheriff, sheriff's deputy, constable, marshal, or other individual certified by the Georgia
Peace Officer Standards and Training Council of the county where the property is located
to eject such person within five days of receiving such affidavit.</ins> <del>For purposes of</del> <ins>As used
in</ins> this Code section, the term 'resides' means to inhabit or live on or within any land or
premises.
(2) Any person who commits or is accused of committing the offense of unlawful
squatting as provided for in paragraph (1) of this subsection shall receive a citation
advising that <del>they must</del> <ins>he or she shall</ins> present to the head of the issuing law enforcement
agency or <del>their</del> <ins>its</ins> designee, <ins>upon</ins> <del>within three business days of</del> receiving the citation for
such alleged offense, properly executed documentation that authorizes the person's entry
on such land or premises. Such documentation may include a properly executed lease or
rental agreement or proof of rental payments.
(3) If such person, <ins>upon receiving the citation,</ins> is unable to provide the documentation
required by paragraph (2) of this subsection, such person shall be subject to arrest for
unlawful squatting and, upon conviction <ins>thereof, shall be subject</ins> to the penalty provided
in subsection (b) of this Code section.
(4) If such person <del>does provide</del> <ins>provides</ins> documentation that authorizes such person's
entry on the land or premises, a hearing shall be set within seven days of the submission
of such documentation, and, if the court <ins>of appropriate jurisdiction</ins> finds that the
submitted documentation was not properly executed or is not meritorious, such person
shall be subject to demand for possession and removal as provided in Code
Section 44-11-32, be subject to arrest and, upon conviction <ins>thereof, be subject to</ins> penalties
as provided for in Code Sections 16-9-1 and 16-9-2, and <del>shall</del> be assessed an additional
fine based on the fair market monthly rental rate of the land or premises.
(b) <ins>The sheriff, sheriff's deputy, constable, marshal, or other individual certified by the
Georgia Peace Officer Standards and Training Council is not liable to the unlawful
occupant or any other party for loss, destruction, or damage of property. The owner,
rightful occupant, or authorized representative of the owner is not liable to an unlawful
occupant or any other party for the loss, destruction, or damage to the personal property of
such unlawful occupant unless the removal was wrongful.
(c)</ins> Any person who violates subsection (a) of this Code section shall be guilty of a
misdemeanor <ins>of a high and aggravated nature</ins> which upon conviction shall be <del>punishable
</del> <ins>punished</ins> as provided in Code Section <del>17-10-3</del> <ins>17-10-4."
</ins> SECTION 3.
Code Section 16-9-2 of the Official Code of Georgia Annotated, relating to penalties for
forgery, is amended by adding a new subsection to read as follows:
<ins>"(e) A person who commits the offense of forgery in relation to a violation of Code
Section 16-7-21.1 shall be guilty of a felony and, upon conviction thereof, shall be
sentenced to a mandatory minimum term of imprisonment of no less than one year, and no
portion of the mandatory minimum sentence imposed shall be suspended, stayed, probated,
deferred, or withheld by the sentencing court."
</ins>
SECTION 4.
Article 1 of Chapter 21 of Title 43 of the Official Code of Georgia Annotated, relating to
rights, duties, and liabilities of innkeepers, is amended by revising Code Section 43-21-3.2,
relating to written statement of period of occupancy signed by guest and rights of innkeeper
and guest under contract, as follows:
"43-21-3.2.
<ins>(a)</ins> A written statement prominently setting forth in bold type the time period during which
a guest may occupy an assigned room, when separately signed or initialed by the guest, is
a valid nonassignable contract. At the expiration of such time period, the guest may be
restrained from entering such room and any property of the guest <ins>shall be subject to the
innkeeper's lien as provided by Code Section 43-21-5 and</ins> may be removed by the
innkeeper to a secure place where the guest may recover his or her property <ins>upon payment
by such guest of all sums due for food, lodging, or other accommodation</ins> without liability
to the innkeeper, except for damages to or loss of such property attributable to its removal.
If a guest vacates his or her room prior to the date contained in the written statement, <del>that
</del> <ins>such</ins> guest shall not be liable for charges for the time after the room is vacated unless the
guest has agreed otherwise before occupying the room.
<ins>(b)(1) Any guest on the premises at or after the expiration of the time period provided
for in subsection (a) of this Code section, whose occupancy has been terminated under
Code Section 43-21-3.1, or who does not have a valid contract with the innkeeper shall
be subject to ejectment.
(2) When the innkeeper, its agent, or its attorney in fact, shall take and subscribe an
affidavit, in writing, before any officer authorized to administer an oath setting forth that
such innkeeper, its agent, or its attorney in fact claims, in good faith, that the occupancy
of a guest has expired or has otherwise been terminated or the guest does not have a valid
contract and refuses to vacate the premises, it shall be the duty of the sheriff, sheriff's
deputy, constable, marshal, or other individual certified by the Georgia Peace Officer
</ins>
<ins>Standards and Training Council of the county where the inn is located to eject such guest
within five days of receiving such affidavit.
(3) In the event that such sheriff, sheriff's deputy, constable, marshal, or other individual
is unable to eject such guest within the time period provided in paragraph (2) of this
subsection, the innkeeper shall be entitled to utilize the services of an off-duty sheriff,
sheriff's deputy, constable, marshal, or other individual certified by the Georgia Peace
Officer Standards and Training Council to eject such guest.
(c) After the sheriff serves the notice to immediately vacate, the property owner or his or
her authorized agent may request that the sheriff stand by to keep the peace while the
property owner or his or her authorized agent changes the locks and removes the personal
property of the unlawful occupant from the premises to or near the property line. When
such a request is made, the sheriff may charge a reasonable hourly rate, and the person
requesting the sheriff to stand by and keep the peace is responsible for paying the
reasonable hourly rate set by the sheriff. The sheriff is not liable to the unlawful occupant
or any other party for loss, destruction, or damage of property. The property owner or his
or her authorized agent is not liable to an unlawful occupant or any other party for the loss,
destruction, or damage to the personal property of such unlawful occupant unless the
removal was wrongful.
(d) When an innkeeper furnishes accommodations to a guest on a day-to-day or
week-to-week basis, an innkeeper-guest relationship shall be presumed to exist regardless
of such guest's length of stay at such inn."
</ins> SECTION 5.
All laws and parts of laws in conflict with this Act are repealed.