Georgia CommonsSenate · Engrossed · 2025-2026 Regular Session
SB 8: Courts; arrest warrant requirements when juvenile courts are acting as courts of inquiry; provide
Last action March 27, 2026 · House Passed/Adopted By Substitute
A substitute version of Senate Bill 8 would let Georgia create remote online notaries who witness signatures over video instead of in person, and would make certain unauthorized practice of law violations felonies tied to residential real estate closings.
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
This substitute rewrites SB 8 to focus on notarization and real estate recording rather than juvenile courts. It creates a new category called a remote online notary public, who can notarize documents using video and audio technology instead of meeting someone face to face. The Georgia Superior Court Clerks' Cooperative Authority would write technical standards for this by January 1, 2027, and notaries would need extra training, a $2,000 surety bond, and secure electronic journals and recordings kept for at least ten years. The bill also changes how deeds and other real estate documents can be witnessed, allowing electronic signatures and remote witnessing under certain conditions, and it exempts recordings of remote notarizations from Georgia's open records law. Separately, it raises penalties for unauthorized practice of law connected to real estate closings from a misdemeanor to a felony, with fines up to $1 million for repeat offenses. Most of the bill takes effect once signed by the Governor, but the new felony penalties do not start until July 1, 2026.
What the bill does
- Creates a new remote online notary public commission in Georgia, allowing notarization by video call instead of in-person meetings, once standards are adopted by January 1, 2027.
- Requires remote online notaries to complete training, pass an exam, post a $2,000 surety bond, and keep secure electronic journals and audiovisual recordings of each notarization for at least ten years.
- Caps the fee a remote online notary can charge at $25 per notarization and sets rules for verifying a signer's identity through ID checks and credential analysis.
- Allows real estate documents to be witnessed electronically under specific conditions instead of requiring an in-person unofficial witness.
- Exempts audiovisual recordings of remote notarizations from disclosure under Georgia's open records law (O.C.G.A. § 50-18-72).
- Raises penalties for certain unauthorized practice of law violations tied to real estate closings from a misdemeanor to a felony, with fines up to $1 million for repeat offenses, effective July 1, 2026.
Who it affects
Notaries public and people seeking notary services, county clerks of superior court, the Georgia Superior Court Clerks' Cooperative Authority, real estate buyers and sellers, title companies, technology providers that support remote notarization, and attorneys or others who could face felony charges for unauthorized practice of law in real estate closings.
Why it matters
Georgians could get documents notarized remotely instead of traveling to meet a notary in person, which could speed up real estate closings and other transactions, while new recordkeeping and bonding requirements add cost and oversight. People who cut corners on the unauthorized practice of law in real estate deals would face much steeper criminal penalties starting in mid-2026.
Key provisions
- Section 1-2 rewrites definitions in O.C.G.A. § 45-17-1 to define remote online notarization, digital signatures, electronic journals, and related terms.
- Section 1-5 adds new Code sections (45-17-8.3 through 45-17-8.11) setting standards, application requirements, journaling rules, fee caps, and identity verification procedures for remote online notaries.
- Section 1-5 sets a $2,000 surety bond requirement and a $25 per-notarization fee cap for remote online notaries.
- Section 2-1 adds knowingly recording a residential real estate document tied to unauthorized practice of law as an unfair or deceptive practice under Georgia's Fair Business Practices Act (O.C.G.A. § 10-1-393).
- Section 2-3 adds O.C.G.A. § 44-2-31 allowing electronic execution of real estate documents with witnesses present in person or via approved communication technology.
- Section 2-4 exempts recordings of remote online notarization processes from Georgia's open records law (O.C.G.A. § 50-18-72).
- Section 3-1 amends O.C.G.A. § 15-19-56 to make violations of unauthorized practice of law statutes 15-19-51 and 15-19-53 felonies with fines up to $1 million for repeat offenses.
- Section 4-1 sets most of the Act effective upon the Governor's signature, but delays the new felony penalties in Part III until July 1, 2026.
From the bill
“A remote online notarial act performed by a remote online notary public commissioned or registered in another state shall have the same effect under the laws of this state as if performed by a notary public appointed in this state.”
“Any person, corporation, or voluntary association violating Code Section 15-19-51 or 15-19-53 shall be guilty of a felony and, upon the first conviction thereof, shall be punished by imprisonment for not less than one year nor more than three years, a fine of not less than $50,000.00 nor more than $250,000.00, or both.”
“A remote online notary public or the remote online notary public's employer may charge a fee for performance of remote online notarization in an amount not to exceed $25.00 per remote online notarization.”
Discussed in meetings (5)
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 Juvenile Committee, March 23, 2026
From 0:26:47 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The presenter said the substitute would allow remote online notarization using identity checks, electronic signatures and recordings retained for 10 years. The presenter described training, a $2,000 bond, a $25 maximum fee and exclusions for wills and certain trusts. The presenter said remote access would help overseas military personnel and others unable to attend in person, while preserving attorney supervision of Georgia real estate closings. Asked about obtaining recordings to contest a transaction, the presenter was unsure but suggested litigation could provide access. Members suggested a $50 fee and an on-screen warning distinguishing notaries from attorneys; neither became an adopted amendment. The presenter said practicing law without a license could become a felony, while the revised provision covering corporate personnel would impose a high and aggravated misdemeanor and add a knowledge standard. Another legislator supported stronger penalties, describing clients facing language barriers who mistook law-office staff for attorneys. Two commercial real estate attorneys supported online notarization but warned that broad liability could affect banks and title companies, increase costs and slow closings. A committee member said much of the disputed language already existed in law. Another member raised concerns about criminalizing good-faith assistance. The presenter responded that unauthorized practice was already prohibited. The committee approved the substitute with one opposed.
House Rules Committee, March 27, 2026
From 0:51:28 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The presenter said a substitute for SB 8 replaced its original contents with remote and electronic notarization provisions and increased penalties for practicing law without authorization. The presenter described secure video, identity checks, recordings retained for 10 years and a special credential for existing notaries, arguing that remote service would help people overseas, older residents and rural residents. One member questioned a first-offense felony carrying a one-year minimum and $50,000 fine, possible effects on nonprofit legal services and clinics, and different treatment of corporate officers. The presenter argued that misdemeanor penalties had not prevented fraud and described the corporate provision as holding supervisors accountable. Another member asked whether parties could download recordings for permanent files. The presenter said access could depend on the vendor and promised to verify. Other members described people with limited English losing money to people falsely presenting themselves as lawyers, including a member’s account of $10,000 payments. Later, the committee placed the bill on the legislative day 38 floor calendar without stated opposition.
House floor session, March 27, 2026 (legislative day 38, part 2)
From 1:14:17 · Watch on the General Assembly's Vimeo channel · Confirmed by the 2026 House Journal, p. 3391
Summary by Georgia Commons: The presenter said SB 8 would allow remote online notarization while preserving in-person options. The presenter described identity verification, recorded sessions, electronic journals retained for at least ten years and special notary training. The presenter also said stronger penalties for unauthorized legal practice would protect people, especially Asian and Hispanic communities, from people falsely claiming to be lawyers. One member questioned the lack of supporting data and warned the penalties could be among the country's harshest. The presenter remained open to discussion. Other members described constituents losing money to purported lawyers or facing serious harm to legal rights. Asked about a potential $1 million fine and unintended violations by employees or directors, the presenter said the relevant commercial-transaction provision could be satisfied through an attestation that everyone involved had legal representation. The presenter said answering legislative questions would not amount to impersonating a lawyer and did not expect trained paralegals to be caught by the measure. The presenter also confirmed support from residential real-estate lawyers. The House adopted the committee substitute and passed the bill 115 to 45.
Senate floor session, April 2, 2026 (legislative day 40, part 2)
From 2:42:44 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The presenter explained that the House version of SB 8 replaced its original subject with remote online notarization. The presenter said Georgia was one of about four states not allowing the practice and supported an amendment excluding real-estate transactions, including home closings and deed transfers. Another member withdrew an amendment containing a typographical error and substituted a corrected version moving specified dates to January 1, 2028. The corrected amendment was adopted without objection. The motion to agree to the House substitute as amended failed, 26–26.
Status timeline
- House Passed/Adopted By Substitute (House)
- House Third Readers (House)
- House Committee Favorably Reported By Substitute (House)
- House Withdrawn, Recommitted (House)
- House Withdrawn, Recommitted (House)
- House Reconsidered (House)
- House Third Reading Lost (House)
- House Third Readers (House)
Show full history (17 actions)
- House Committee Favorably Reported (House)
- House Second Readers (House)
- House First Readers (House)
- Senate Passed/Adopted (Senate)
- Senate Third Read (Senate)
- Senate Read Second Time (Senate)
- Senate Committee Favorably Reported (Senate)
- Senate Read and Referred (Senate)
- Senate Hopper (Senate)
Sponsors
- Kay Kirkpatrick (R, SD-32)
- Brian Strickland (R, SD-42)
- Bo Hatchett (R, SD-50)
- Kim Jackson (D, SD-41)
- Matt Brass (R, SD-6)
- Jason Esteves (D, SD-35)
- Joseph Gullett (R, HD-19)
Votes
- Senate voteFebruary 10, 2025
51 yea, 1 nay (3 not voting, 1 excused)
- House voteMarch 31, 2025
79 yea, 87 nay (6 not voting, 8 excused)
- House voteMarch 31, 2025
94 yea, 74 nay (6 not voting, 6 excused)
- House voteMarch 27, 2026
115 yea, 45 nay (1 not voting, 15 excused)
- Senate voteApril 2, 2026
26 yea, 26 nay (1 not voting, 1 excused)
Topics
- notary public law
- remote online notarization
- real estate closings
- unauthorized practice of law
- open records exemptions