SB 463: Specialized Land Transactions; business enterprises or business enterprises controlled by natural born persons from owning an interest in more than 500 single-family residential properties; prohibit

The House Committee on Judiciary offers the following substitute to SB 463:

A BILL TO BE ENTITLED

AN ACT

To amend Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate courts, so as to provide for magistrate court jurisdiction over certain proceedings; to amend Code Section 16-7-21.1 of the Official Code of Georgia Annotated, relating to unlawful squatting, so as to revise offense provisions; 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 removal procedures for innkeepers; to provide for an affidavit; to provide for construction; to amend Title 44 of the Official Code of Georgia Annotated, relating to property, so as to provide for limitations and law enforcement officer safety regarding removal; to provide for legislative findings; to authorize real property owners to request assistance from law enforcement for the immediate removal of squatters from their property under certain conditions; to require such property owners to submit a verified complaint; to provide for complaint requirements; to provide for law enforcement requirements; to authorize arrest of squatters for legal cause; to authorize a fee for service; to provide for law enforcement and property owner immunity in certain instances; to provide for civil remedies; to provide for criminal penalties; to provide for definitions; to provide for an effective date and applicability; 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 2026.''

SECTION 2.

Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate courts, is amended in subsection (a) of Code Section 15-10-2, relating to general jurisdiction and authority of magistrate to act, by revising paragraphs (18) and (19) and adding a new paragraph to read as follows:

"(18) The trial and sentencing of unlawful squatting violations as provided in Code Section 16-7-21.1; and

(19) Proceedings against intruders and unlawful squatting as provided in Code Sections 44-11-30, 44-11-31, 44-11-32, and 44-11-33; and

(20) Proceedings against squatters as provided in Code Section 44-11-34."

SECTION 3.

Said chapter is further amended by revising Code Section 15-10-260, relating to jurisdiction and penalties, as follows:

"15-10-260.

(a) This article governs trials of misdemeanor violations of Code Sections 16-13-30, 16-13-2, 16-8-14, 16-8-14.1, 3-3-23, and 16-7-21, and 16-7-21.1.

(b) Magistrate courts are authorized to conduct trials and impose sentences for violations of misdemeanors specified in subsection (a) of this Code section; provided, however, that as follows:

(1) For misdemeanor violations of Code Sections 16-13-30, 16-13-2, 16-8-14, 16-8-14.1, 3-3-23, and 16-7-21, the violation must shall have occurred in the unincorporated area of the county; and

(2) For misdemeanor violations of Code Section 16-7-21.1, the violation may have occurred anywhere in the county.

(c) A person convicted of violation of a misdemeanor specified in subsection (a) of this Code section shall be punished as provided in paragraphs (1) through (4) (6) of this subsection as follows:

(1) For possession of less than one ounce of marijuana, as provided in subsection (b) of Code Section 16-13-2;

(2) For misdemeanor theft by shoplifting, as provided in paragraph (1) of subsection (b) of Code Section 16-8-14;

(3) For misdemeanor refund fraud, as provided in paragraph (1) of subsection (b) of Code Section 16-8-14.1;

(4) For furnishing alcoholic beverages to, and purchase and possession of alcoholic beverages by, a person under 21 years of age, as provided in Code Section 3-3-23.1; and

(5) For criminal trespass, as provided in subsection (d) of Code Section 16-7-21; and

(6) For unlawful squatting, as provided in subsection (c) of Code Section 16-7-21.1.

(d) The jurisdiction of magistrate courts to try and dispose of the misdemeanor violations enumerated in subsection (a) of this Code section shall be concurrent with the jurisdiction of any other courts having jurisdiction to try and dispose of such cases."

SECTION 4.

Code Section 16-7-21.1 of the Official Code of Georgia Annotated, relating to unlawful squatting, is amended as follows:

"16-7-21.1.

(a) As used in this Code section, the term 'resides' means to occupy, inhabit, or live. (a)(1)(b) 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 authority of the property owner, the rightful occupant of the property, or an authorized representative of the property owner. As used in 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 he or she shall present to the head of the issuing law enforcement agency or its designee, within three business days of 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 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 thereof, shall be subject to the penalty provided in subsection (b) of this Code section.

(4) If such person provides 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 of appropriate jurisdiction 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 penalties as provided for in Code Sections 16-9-1 and 16-9-2, and be assessed an additional fine based on the fair market monthly rental rate of the land or premises.

(b)(c) Any person who violates subsection (a) (b) of this Code section shall be guilty of a misdemeanor which and upon conviction thereof, shall be punished as provided in Code Section 17-10-3 and, further, shall be ordered to make restitution to the property owner, the rightful occupant of the property, or an authorized representative of the property owner. Such restitution shall be based upon the fair market monthly rental rate of the land or premises."

SECTION 5.

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.

(a) 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. Such contract shall clearly state the terms under which a person may occupy the room and that he or she may be subject to removal for failing to comply with such contract; provided, however, that the contract shall include a provision that an innkeeper shall not require a guest who stays for more than 90 consecutive days to vacate such guest's room or the premises as set forth in subsection (b) of this Code section until at least ten days, excluding legal holidays, after such innkeeper has served the guest with written notice to vacate the room and premises. Such notice shall state the date by which such guest is required to vacate and shall be posted conspicuously in a sealed envelope on the door of the guest's assigned room and shall also be delivered by another reasonable method to such guest or representative of such guest, including, but not limited to, hand delivery, email, text message, mail, or placement under the door of the guest's assigned room. Upon the expiration of the contracted time period and any applicable grace At the expiration of such time period, the guest may be restrained from entering such room and any personal property of the guest shall be subject to the innkeeper's lien as provided for in Code Section 43-21-5 and may be removed by the innkeeper to a secure place where the guest may recover his or her personal property upon payment by such guest of all sums due for food, lodging, or other accommodation without liability to the innkeeper, except for damages to or loss of such personal property attributable to its removal. The innkeeper shall not charge arbitrary or excess fees for the storage, handling, or retrieval of such guest's personal property beyond what is reasonably associated with such actions. If a guest vacates his or her room prior to the date contained in the written statement, that such 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.

(b)(1) Upon the expiration of the contracted time period and any applicable grace period set forth in the written contract, an innkeeper may immediately deny a guest further access to the room or premises and may secure any personal property left behind by the guest which shall be subject to the innkeeper's lien as provided for in Code Section

43-21-5.

(2) If a guest refuses to vacate upon the expiration of the contracted time period and any applicable grace period and immediate denial of access is not possible, the innkeeper may execute and file an affidavit with the appropriate law enforcement agency, along with a copy of the signed contract, affirming the guest's lawful occupancy has expired. Upon receipt, the law enforcement agency shall treat the guest as a trespasser subject to removal under Code Section 16-7-21 and shall remove such person from the room or premises.

(c)(1) Notwithstanding any other provision of law, 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 or frequency or method of payment, provided that such guest entered into a valid written contract designating the relationship between the parties as innkeeper and guest and such accommodations were provided on a day-to-day or week-to-week basis. An agreement of understanding to convert a guest to a tenant shall be in writing, be signed by both parties, and expressly state the intent to establish a landlord-tenant relationship.

(2) An innkeeper's acceptance of a missed or late payment tendered by a guest shall not create a landlord-tenant relationship nor waive an innkeeper's right to pursue immediate removal of a guest pursuant to this Code or any other provision of law.

(d) Nothing in this Code section shall be construed to prohibit the innkeeper and guest from agreeing to an alternative remedy in lieu of removal from the property upon the expiration of a written contract under this Code section."

SECTION 6.

Title 44 of the Official Code of Georgia Annotated, relating to property, is amended in Code Section 44-7-55, relating to judgment, writ of possession, landlord's liability for wrongful conduct, distribution of funds paid into court, and personal property, by revising subsection (e) as follows:

"(e)(1) Nothing in this Code section shall require a sheriff, deputy sheriff, constable, or marshal to execute a writ of possession within 30 days from the issuance of any order granting a writ of possession, or the issuance, application, or request for the execution of the writ of possession; provided, however, that, in the event the sheriff, deputy sheriff, constable, or marshal is unable to execute the writ within 14 seven days from the landlord's application or request for such execution, the landlord shall be entitled to utilize the services of an off-duty sheriff, deputy sheriff, constable, marshal, or other individual peace officer certified by the Georgia Peace Officer Standards and Training Council having authority within the jurisdiction wherein the premises lie to execute such writ at the landlord's sole cost and expense.

(2) The sheriff, deputy sheriff, constable, or marshal shall maintain a list of authorized off-duty sheriffs, deputy sheriffs, constables, marshals, and other individuals peace officers certified by the Georgia Peace Officer Standards and Training Council and make the same available upon request by the landlord.

(3) The sheriff, deputy sheriff, constable, or marshal shall maintain administrative authority over any persons executing writs under this subsection.

(4) Nothing in this Code section shall be construed to mandate that a sheriff or marshal must authorize any off-duty peace officer who is not under his or her administrative authority to enforce the provisions of this Code section.

(5) The landlord shall provide written notice to the sheriff, deputy sheriff, constable, or marshal to whom the application for execution was originally submitted of the date and time of the scheduled execution of the writ by such off-duty sheriff, deputy sheriff, constable, marshal, or other individual peace officer certified by the Georgia Peace Officer Standards and Training Council at least five three calendar days in advance of such execution in order to permit the sheriff, deputy sheriff, constable, or marshal to note the same within his or her own records.

(6) For officer safety purposes, a landlord that is utilizing the services of an off-duty sheriff, deputy sheriff, constable, marshal, or other peace officer certified by the Georgia Peace Officer Standards and Training Council pursuant to this Code section shall provide written notice to the sheriff of the county and, if applicable, the police chief and marshal of the county at least three calendar days in advance of any writ of possession being executed."

SECTION 7.

Said title is further amended in Chapter 11, relating to ejectment and proceedings against intruders, by adding a new Code section to read as follows:

"44-11-34.

(a) As used in this Code section, the term 'resides' shall have the same meaning as set forth in Code Section 16-7-21.1.

(b) 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. The General Assembly further finds that existing remedies regarding a squatter, also known as an unauthorized person who unlawfully remains or resides on real property, fail to adequately protect the rights of the real property owner and fail to adequately discourage theft and vandalism. The intent of this Code section is to swiftly restore possession of real property to the lawful owner of the property when such property is being unlawfully occupied and to thereby preserve real property rights while limiting the opportunity for criminal activity.

(c) A real property owner or his or her authorized agent may request from the sheriff, deputy sheriff, constable, marshal, or other peace officer certified by the Georgia Peace Officer Standards and Training Council of the county in which the real property is located the immediate removal of a person or persons unlawfully residing on or within the real property pursuant to this Code section, subject to the following conditions:

(1) The requesting person is the real property owner or authorized agent of the real property owner;

(2) An unauthorized person or persons have unlawfully entered and remain or continue to reside on or within the property owner's real property;

(3) The real property was not open to members of the public at the time the unauthorized person or persons entered;

(4) The real property owner has directed the unauthorized person or persons to leave the real property;

(5) The unauthorized person or persons are not current tenants pursuant to a written or oral rental agreement authorized by the real property owner;

(6) The unauthorized person or persons are not immediate family members of the real property owner; and

(7) There is no pending litigation related to the real property between the real property owner and any known, unauthorized person.

(d) To request the immediate removal of a person or persons unlawfully residing on or within the real property, the real property owner or his or her authorized agent shall submit a complaint by presenting a completed and verified Complaint to Remove Persons Unlawfully Residing On or Within Real Property to the sheriff, deputy sheriff, constable, marshal, or other peace officer certified by the Georgia Peace Officer Standards and Training Council of the county in which the real property is located. The submitted complaint shall be in substantially the following form:

'COMPLAINT TO REMOVE PERSONS UNLAWFULLY RESIDING ON

OR WITHIN REAL PROPERTY

I, the owner or authorized agent of the owner of the real property located at , declare under the penalty of perjury that (initial each box): 1. G I am the owner of the real property or the authorized agent of the owner of the real property.

2. G I purchased the property on (date).

3. G An unauthorized person or persons have unlawfully entered and are remaining or residing unlawfully on or within the real property. 4. G The real property was not open to members of the public at the time the unauthorized person or persons entered.

5. G I have directed the unauthorized person or persons to leave the real property, but they have not done so.

6. G The unauthorized person or persons are not current tenants pursuant to any valid lease I authorized, and any lease that may be produced by such person or persons is fraudulent or expired.

7. G The unauthorized person or persons sought to be removed are not an owner or a co-owner of the real property and have not been listed on the title to the real property unless the person or persons have engaged in title fraud.

8. G The unauthorized person or persons sought to be removed are not immediate family members of mine.

9. G There is no litigation related to the real property pending between myself and any person or persons sought to be removed.

10. G I understand that a person or persons removed from the real property pursuant to this procedure may bring a cause of action against me for any false statements made in this complaint, or for wrongfully using this procedure, and that as a result of such action I may be held liable for actual damages, statutory damages, penalties, costs, and reasonable attorney's fees.

11. G I am requesting the sheriff, deputy sheriff, constable, marshal, or other peace officer certified by the Georgia Peace Officer Standards and Training Council to immediately remove the unauthorized person or persons from the real property.

12. G A copy of my valid government issued identification is attached, or I am an agent of the real property owner and documents evidencing my authority to act on the real property owner's behalf are attached. I HAVE READ EVERY STATEMENT MADE IN THIS COMPLAINT AND EACH

STATEMENT IS TRUE AND CORRECT. I UNDERSTAND THAT THE

STATEMENTS MADE IN THIS COMPLAINT ARE BEING MADE UNDER

PENALTY OF PERJURY, PUNISHABLE AS PROVIDED IN O.C.G.A. 16-10-70.

(Signature of Real Property Owner or Agent of Real Property Owner)' (e)(1) Upon receipt of the complaint, the sheriff, deputy sheriff, constable, marshal, or other peace officer certified by the Georgia Peace Officer Standards and Training Council shall verify in good faith that the person submitting the complaint is the true property owner of the real property or the authorized agent of the property owner and appears otherwise entitled to relief under this Code section. If verified, such sheriff, deputy sheriff, constable, marshal, or other peace officer shall, without delay, serve notice to immediately vacate on all unauthorized persons and shall put the real property owner in possession of the real property.

(2) Service pursuant to paragraph (1) of this subsection may be accomplished by hand delivery of the notice to an unauthorized person or by posting the notice on the front door or entrance of the real property.

(f)(1) The sheriff, deputy sheriff, constable, marshal, or other peace officer certified by the Georgia Peace Officer Standards and Training Council shall be entitled to the same fee for service of the notice to immediately vacate as if such sheriff, deputy sheriff, constable, marshal, or other peace officer certified by the Georgia Peace Officer Standards and Training Council were serving a writ of possession. After such sheriff, deputy sheriff, constable, marshal, or other peace officer certified by the Georgia Peace Officer Standards and Training Council serves the notice to immediately vacate, the real property owner or his or her authorized agent may request the sheriff, deputy sheriff, constable, marshal, or other peace officer certified by the Georgia Peace Officer Standards and Training Council to stand by to keep the peace while the verified real property owner or authorized agent of the real property owner changes the locks and removes any personal property of the unauthorized person or persons from the land or premises to or near the property line. When such request is made, such sheriff, deputy sheriff, constable, marshal, or other peace officer certified by the Georgia Peace Officer Standards and Training Council may charge a reasonable hourly rate, and the real property owner or agent requesting such service shall be responsible for paying the reasonable hourly rate set by such sheriff, deputy sheriff, constable, marshal, or other peace officer certified by the Georgia Peace Officer Standards and Training Council. The sheriff, deputy sheriff, constable, marshal, or other peace officer certified by the Georgia Peace Officer Standards and Training Council shall not be liable to the unauthorized person or persons or any other party for the loss of or destruction or damage to the property.

(2) The real property owner or his or her authorized agent shall not be liable to an unauthorized person or persons or any other party for the loss of or destruction or damage to such personal property unless the removal was wrongful.

(g) 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, and upon conviction thereof, shall be sentenced to a mandatory minimum term of imprisonment of not less than one year nor more than five years, and no portion of the mandatory minimum sentence imposed shall be suspended, stayed, probated, deferred, or otherwise withheld by the sentencing court.

(h) A person may bring a civil cause of action for wrongful removal under this Code section. A person harmed by a wrongful removal under this Code section may be restored to possession of the real property and may recover actual damages incurred, statutory damages equal to three times the fair market monthly rental rate of the property, court costs, and reasonable attorney's fees. The court shall expedite such cause of action on the court calendar.

(i) Nothing in this Code section shall prohibit or otherwise limit the rights of a real property owner or the authority of a sheriff, deputy sheriff, constable, marshal, or other peace officer certified by the Georgia Peace Officer Standards and Training Council to arrest an unauthorized person or persons for criminal trespass as provided in Code Section 16-7-21, unlawful squatting as provided in Code Section 16-7-21.1, criminal damage to property in the first degree as provided in Code Section 16-7-22, criminal damage to property in the second degree as provided in Code Section 16-7-23, theft in violation of Article 1 of Chapter 8 of Title 16, or any other offense."

SECTION 8.

This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 9.

All laws and parts of laws in conflict with this Act are repealed.