SB463: SB463 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

26 LC 49 2872S 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 to1 magistrate courts, so as to provide for magistrate court jurisdiction over certain proceedings;2 to amend Code Section 16-7-21.1 of the Official Code of Georgia Annotated, relating to3 unlawful squatting, so as to revise offense provisions; to amend Article 1 of Chapter 21 of4 Title 43 of the Official Code of Georgia Annotated, relating to rights, duties, and liabilities5 of innkeepers, so as to provide for certain guest removal proce dures for innkeepers; to6 provide for an affidavit; to provide for construction; to amend Title 44 of the Official Code7 of Georgia Annotated, relating to property, so as to provide fo r limitations and law8 enforcement officer safety regarding removal; to provide for legislative findings; to authorize9 real property owners to request assistance from law enforcement for the immediate removal10 of squatters from their property under certain conditions; to require such property owners to11 submit a verified complaint; to provide for complaint requireme nts; to provide for law12 enforcement requirements; to authorize arrest of squatters for legal cause; to authorize a fee13 for service; to provide for law enforcement and property owner immunity in certain14 instances; to provide for civil remedies; to provide for crimin al penalties; to provide for15 definitions; to provide for an effective date and applicability; to provide for related matters;16 to provide for a short title; to repeal conflicting laws; and for other purposes.17 S. B. 463 (SUB) - 1 - 26 LC 49 2872S BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:18 SECTION 1.19 This Act shall be known and may be cited as the ''Georgia Anti-Squatting Act of 2026.''20 SECTION 2.21 Chapter 10 of Title 15 of the Official Code of Georgia Annotate d, relating to magistrate22 courts, is amended in subsection (a) of Code Section 15-10-2, relating to general jurisdiction23 and authority of magistrate to act, by revising paragraphs (18) and (19) and adding a new24 paragraph to read as follows:25 "(18) The trial and sentencing of unlawful squatting violations as provided in Code26 Section 16-7-21.1; and27 (19) Proceedings against intruders and unlawful squatting as provided in Code28 Sections 44-11-30, 44-11-31, 44-11-32, and 44-11-33; and29 (20) Proceedings against squatters as provided in Code Section 44-11-34."30 SECTION 3.31 Said chapter is further amended by revising Code Section 15-10-260, relating to jurisdiction32 and penalties, as follows:33 "15-10-260.34 (a) This article governs trials of misdemeanor violations of C ode Sections 16-13-30,35 16-13-2, 16-8-14, 16-8-14.1, 3-3-23, and 16-7-21, and 16-7-21.1.36 (b) Magistrate courts are authorized to conduct trials and impose sentences for violations37 of misdemeanors specified in subsection (a) of this Code section; provided, however, that38 as follows:39 S. B. 463 (SUB) - 2 - 26 LC 49 2872S (1) For misdemeanor violations of Code Sections 16-13-30, 16-13-2, 16-8-14, 16-8-14.1,40 3-3-23, and 16-7-21, the violation must shall have occurred in the unincorporated area41 of the county; and42 (2) For misdemeanor violations of Code Section 16-7-21.1, the violation may have43 occurred anywhere in the county.44 (c) A person convicted of violation of a misdemeanor specified in subsection (a) of this45 Code section shall be punished as provided in paragraphs (1) th rough (4) ( 6 ) of this46 subsection as follows:47 (1) For possession of less than one ounce of marijuana, as provided in subsection (b) of48 Code Section 16-13-2;49 (2) For misdemeanor theft by shoplifting, as provided in paragraph (1) of subsection (b)50 of Code Section 16-8-14;51 (3) For misdemeanor refund fraud, as provided in paragraph (1) of subsection (b) of52 Code Section 16-8-14.1;53 (4) For furnishing alcoholic beverages to, and purchase and po ssession of alcoholic54 beverages by, a person under 21 years of age, as provided in Code Section 3-3-23.1; and55 (5) For criminal trespass, as provided in subsection (d) of Code Section 16-7-21; and56 (6) For unlawful squatting, as provided in subsection (c) of Code Section 16-7-21.1.57 (d) The jurisdiction of magistrate courts to try and dispose of the misdemeanor violations58 enumerated in subsection (a) of this Code section shall be concurrent with the jurisdiction59 of any other courts having jurisdiction to try and dispose of such cases."60 SECTION 4.61 Code Section 16-7-21.1 of the Official Code of Georgia Annotate d, relating to unlawful62 squatting, is amended as follows:63 "16-7-21.1.64 (a) As used in this Code section, the term 'resides' means to occupy, inhabit, or live.65 S. B. 463 (SUB) - 3 - 26 LC 49 2872S (a)(1)(b) A person commits the offense of unlawful squatting when he or she enters upon66 the land or premises of another and resides on such land or premises for any period of time67 knowingly acting without the knowledge or consent authority of the property owner, the68 rightful occupant of the property, or an authorized representative of the property owner. 69 As used in this Code section, the term 'resides' means to inhab it or live on or within any70 land or premises.71 (2) Any person who commits or is accused of committing the off ense of unlawful72 squatting as provided for in paragraph (1) of this subsection s hall receive a citation73 advising that he or she shall present to the head of the issuing law enforcement agency74 or its designee, within three business days of receiving the ci tation for such alleged75 offense, properly executed documentation that authorizes the person's entry on such land76 or premises. Such documentation may include a properly execute d lease or rental77 agreement or proof of rental payments.78 (3) If such person is unable to provide the documentation required by paragraph (2) of79 this subsection, such person shall be subject to arrest for unl awful squatting and, upon80 conviction thereof, shall be subject to the penalty provided in subsection (b) of this Code81 section.82 (4) If such person provides documentation that authorizes such person's entry on the land83 o r p r e m i s e s , a h e a r i n g s h a l l b e s e t w i t h i n s e v e n d a y s o f t h e s ubmission of such84 documentation, and, if the court of appropriate jurisdiction fi nds that the submitted85 documentation was not properly executed or is not meritorious, such person shall be86 subject to demand for possession and removal as provided in Code Section 44-11-32, be87 subject to arrest and upon conviction penalties as provided for in Code Sections 16-9-188 and 16-9-2, and be assessed an additional fine based on the fai r market monthly rental89 rate of the land or premises.90 (b)(c) Any person who violates subsection (a) (b) of this Code section shall be guilty of91 a misdemeanor which and upon conviction thereof, shall be punished as provided in Code92 S. B. 463 (SUB) - 4 - 26 LC 49 2872S Section 17-10-3 and, further, shall be ordered to make restitution to the property owner, the93 rightful occupant of the property, or an authorized representat ive of the property owner. 94 Such restitution shall be based upon the fair market monthly re ntal rate of the land or95 premises."96 SECTION 5.97 Article 1 of Chapter 21 of Title 43 of the Official Code of Geo rgia Annotated, relating to98 rights, duties, and liabilities of innkeepers, is amended by revising Code Section 43-21-3.2,99 relating to written statement of period of occupancy signed by guest and rights of innkeeper100 and guest under contract, as follows:101 "43-21-3.2.102 (a) A written statement prominently setting forth in bold type the time period during which103 a guest may occupy an assigned room, when separately signed or initialed by the guest, is104 a valid nonassignable contract. Such contract shall clearly state the terms under which a105 person may occupy the room and that he or she may be subject to removal for failing to106 comply with such contract; provided, however, that the contract shall include a provision107 that an innkeeper shall not require a guest who stays for more than 90 consecutive days to108 vacate such guest's room or the premises as set forth in subsection (b) of this Code section109 until at least ten days, excluding legal holidays, after such innkeeper has served the guest110 with written notice to vacate the room and premises. Such noti ce shall state the date by111 which such guest is required to vacate and shall be posted cons picuously in a sealed112 envelope on the door of the guest's assigned room and shall also be delivered by another113 reasonable method to such guest or representative of such guest, including, but not limited114 to, hand delivery, email, text message, mail, or placement unde r the door of the guest's115 assigned room. Upon the expiration of the contracted time period and any applicable grace116 At the expiration of such time period, the guest may be restrained from entering such room117 and any personal property of the guest shall be subject to the innkeeper's lien as provided118 S. B. 463 (SUB) - 5 - 26 LC 49 2872S for in Code Section 43-21-5 and may be removed by the innkeeper to a secure place where119 the guest may recover his or her personal property upon payment by such guest of all sums120 due for food, lodging, or other accommodation without liability to the innkeeper, except121 for damages to or loss of such personal property attributable to its removal. The innkeeper122 shall not charge arbitrary or excess fees for the storage, hand ling, or retrieval of such123 guest's personal property beyond what is reasonably associated with such actions. If a124 guest vacates his or her room prior to the date contained in the written statement, that such125 guest shall not be liable for charges for the time after the room is vacated unless the guest126 has agreed otherwise before occupying the room.127 (b)(1) Upon the expiration of the contracted time period and any applicable grace period128 set forth in the written contract, an innkeeper may immediately deny a guest further129 access to the room or premises and may secure any personal property left behind by the130 guest which shall be subject to the innkeeper's lien as provide d for in Code Section131 43-21-5.132 (2) If a guest refuses to vacate upon the expiration of the contracted time period and any133 applicable grace period and immediate denial of access is not possible, the innkeeper may134 execute and file an affidavit with the appropriate law enforcement agency, along with a135 copy of the signed contract, affirming the guest's lawful occupancy has expired. Upon136 receipt, the law enforcement agency shall treat the guest as a trespasser subject to137 removal under Code Section 16-7-21 and shall remove such person from the room or138 premises.139 (c)(1) Notwithstanding any other provision of law, when an inn keeper furnishes140 accommodations to a guest on a day-to-day or week-to-week basis, an innkeeper-guest141 relationship shall be presumed to exist regardless of such gues t's length of stay or142 frequency or method of payment, provided that such guest entere d into a valid written143 contract designating the relationship between the parties as innkeeper and guest and such144 accommodations were provided on a day-to-day or week-to-week basis. An agreement145 S. B. 463 (SUB) - 6 - 26 LC 49 2872S of understanding to convert a guest to a tenant shall be in wri ting, be signed by both146 parties, and expressly state the intent to establish a landlord-tenant relationship.147 (2) An innkeeper's acceptance of a missed or late payment tendered by a guest shall not148 create a landlord-tenant relationship nor waive an innkeeper's right to pursue immediate149 removal of a guest pursuant to this Code or any other provision of law.150 (d) Nothing in this Code section shall be construed to prohibit the innkeeper and guest 151 from agreeing to an alternative remedy in lieu of removal from the property upon the 152 expiration of a written contract under this Code section."153 SECTION 6.154 Title 44 of the Official Code of Georgia Annotated, relating to property, is amended in Code155 Section 44-7-55, relating to judgment, writ of possession, land lord's liability for wrongful156 conduct, distribution of funds paid into court, and personal pr operty, by revising157 subsection (e) as follows:158 "(e)(1) Nothing in this Code section shall require a sheriff, deputy sheriff, constable, or159 marshal to execute a writ of possession within 30 days from the issuance of any order160 granting a writ of possession, or the issuance, application, or request for the execution of161 the writ of possession; provided, however, that, in the event t he sheriff, deputy sheriff,162 constable, or marshal is unable to execute the writ within 14 seven days from the163 landlord's application or request for such execution, the landl ord shall be entitled to164 utilize the services of an off-duty sheriff, deputy sheriff, co nstable, marshal, or other165 individual peace officer certified by the Georgia Peace Officer Standards and Training166 Council having authority within the jurisdiction wherein the premises lie to execute such167 writ at the landlord's sole cost and expense.168 (2) The sheriff, deputy sheriff, constable, or marshal shall maintain a list of authorized169 off-duty sheriffs, deputy sheriffs, constables, marshals, and o ther individuals peace170 S. B. 463 (SUB) - 7 - 26 LC 49 2872S officers certified by the Georgia Peace Officer Standards and Training Council and make171 the same available upon request by the landlord.172 (3) The sheriff, deputy sheriff, constable, or marshal shall main tain administrative173 authority over any persons executing writs under this subsection.174 (4) Nothing in this Code section shall be construed to mandate that a sheriff or marshal175 must authorize any off-duty peace officer who is not under his or her administrative176 authority to enforce the provisions of this Code section.177 (5) The landlord shall provide written notice to the sheriff, deputy sheriff, constable, or178 marshal to whom the application for execution was originally submitted of the date and179 time of the scheduled execution of the writ by such off-duty sheriff, deputy sheriff ,180 constable, marshal, or other individual peace officer certified by the Georgia Peace181 Officer Standards and Training Council at least five three calendar days in advance of182 such execution in order to permit the sheriff, deputy sheriff, constable, or marshal to note183 the same within his or her own records.184 (6) For officer safety purposes, a landlord that is utilizing the services of an off-duty185 sheriff, deputy sheriff, constable, marshal, or other peace officer certified by the Georgia186 Peace Officer Standards and Training Council pursuant to this Code section shall provide187 written notice to the sheriff of the county and, if applicable, the police chief and marshal188 of the county at least three calendar days in advance of any wr it of possession being189 executed."190 SECTION 7.191 Said title is further amended in Chapter 11, relating to ejectm ent and proceedings against192 intruders, by adding a new Code section to read as follows:193 "44-11-34.194 (a) As used in this Code section, the term 'resides' shall have the same meaning as set forth195 in Code Section 16-7-21.1.196 S. B. 463 (SUB) - 8 - 26 LC 49 2872S (b) The General Assembly finds that the right to exclude other s from entering, and the197 right to direct others to immediately vacate, real property are the most important real198 property rights. The General Assembly further finds that exist ing remedies regarding a199 squatter, also known as an unauthorized person who unlawfully remains or resides on real200 property, fail to adequately protect the rights of the real pro perty owner and fail to201 adequately discourage theft and vandalism. The intent of this Code section is to swiftly202 restore possession of real property to the lawful owner of the property when such property203 is being unlawfully occupied and to thereby preserve real property rights while limiting the204 opportunity for criminal activity.205 (c) A real property owner or his or her authorized agent may r equest from the sheriff,206 deputy sheriff, constable, marshal, or other peace officer cert ified by the Georgia Peace207 Officer Standards and Training Council of the county in which the real property is located208 the immediate removal of a person or persons unlawfully residin g on or within the real209 property pursuant to this Code section, subject to the following conditions:210 (1) The requesting person is the real property owner or author ized agent of the real211 property owner;212 (2) An unauthorized person or persons have unlawfully entered and remain or continue213 to reside on or within the property owner's real property;214 (3) The real property was not open to members of the public at the time the unauthorized215 person or persons entered;216 (4) The real property owner has directed the unauthorized person or persons to leave the217 real property;218 (5) The unauthorized person or persons are not current tenants pursuant to a written or219 oral rental agreement authorized by the real property owner;220 (6) The unauthorized person or persons are not immediate family members of the real221 property owner; and222 S. B. 463 (SUB) - 9 - 26 LC 49 2872S (7) There is no pending litigation related to the real property between the real property223 owner and any known, unauthorized person.224 (d) To request the immediate removal of a person or persons un lawfully residing on or225 within the real property, the real property owner or his or her authorized agent shall submit226 a complaint by presenting a completed and verified Complaint to Remove Persons227 Unlawfully Residing On or Within Real Property to the sheriff, deputy sheriff, constable,228 marshal, or other peace officer certified by th e Georgia Peace Officer Standards and229 Training Council of the county in which the real property is lo cated. The submitted230 complaint shall be in substantially the following form:231 'COMPLAINT TO REMOVE PERSONS UNLAWFULLY RESIDING ON232 OR WITHIN REAL PROPERTY233 I, the owner or authorized agent of the owner of the real property located at 234 , declare under the penalty of perjury that (initial each box):235 1. G I am the owner of the real property or the authorized agent of the owner236 of the real property.237 2. G I purchased the property on (date).238 3. G An unauthorized person or persons have unlawfully entered and a re239 remaining or residing unlawfully on or within the real property.240 4. G The real property was not open to members of the public at the time the241 unauthorized person or persons entered.242 5. G I have directed the unauthorized person or persons to leave the real243 property, but they have not done so.244 6. G The unauthorized person or persons are not current tenants purs uant to245 any valid lease I authorized, and any lease that may be produced by such246 person or persons is fraudulent or expired.247 S. B. 463 (SUB) - 10 - 26 LC 49 2872S 7. G The unauthorized person or persons sought to be removed are not an248 owner or a co-owner of the real property and have not been listed on the249 title to the real property unless the person or persons have engaged in title250 fraud.251 8. G The unauthorized person or per sons sought to be removed are not252 immediate family members of mine.253 9. G There is no litigation related to the real property pending between myself254 and any person or persons sought to be removed.255 10. G I understand that a person or per sons removed from the real pro perty256 pursuant to this procedure may bring a cause of action against me for any257 false statements made in this complaint, or for wrongfully usin g this258 procedure, and that as a result of such action I may be held li able for259 actual damages, statutory damages, penalties, costs, and reason able260 attorney's fees.261 11. G I am requesting the sheriff, deputy sheriff, constable, marshal , or other262 peace officer certified by the Georgia Peace Officer Standards a n d263 Training Council to immediately remove the unauthorized person or264 persons from the real property.265 12. G A copy of my valid government issued identification is attached, or I am266 an agent of the real property owner and documents evidencing my267 authority to act on the real property owner's behalf are attached.268 I HAVE READ EVERY STATEMENT MADE IN THIS COMPLAINT AND EACH269 STATEMENT IS TRUE AND CORRECT. I UNDERSTAND THAT THE270 STATEMENTS MADE IN THIS COMPLAINT ARE BEING MADE UNDER271 PENALTY OF PERJURY, PUNISHABLE AS PROVIDED IN O.C.G.A. 16-10-70.272 S. B. 463 (SUB) - 11 - 26 LC 49 2872S 273 (Signature of Real Property Owner or Agent of Real Property Owner)'274 (e)(1) Upon receipt of the complaint, the sheriff, deputy sheriff, constable, marshal, or275 other peace officer certified by the Georgia Peace Officer Standards and Training Council276 shall verify in good faith that the person submitting the compl aint is the true property277 owner of the real property or the authorized agent of the prope rty owner and appears278 otherwise entitled to relief under this Code section. If verif ied, such sheriff, deputy279 sheriff, constable, marshal, or other peace officer shall, with out delay, serve notice to280 immediately vacate on all unauthorized persons and shall put the real property owner in281 possession of the real property.282 (2) Service pursuant to paragraph (1) of this subsection may be accomplished by hand283 delivery of the notice to an unauthorized person or by posting the notice on the front door284 or entrance of the real property.285 (f)(1) The sheriff, deputy sheriff, constable, marshal, or other peace officer certified by286 the Georgia Peace Officer Standards and Training Council shall be entitled to the same287 fee for service of the notice to immediately vacate as if such sheriff, deputy sheriff,288 constable, marshal, or other peace officer certified by the Geo rgia Peace Officer289 Standards and Training Council were serving a writ of possessio n. After such sheriff,290 deputy sheriff, constable, marshal, or other peace officer certified by the Georgia Peace291 Officer Standards and Training Council serves the notice to immediately vacate, the real292 property owner or his or her authorized agent may request the s heriff, deputy sheriff,293 constable, marshal, or other peace officer certified by the Geo rgia Peace Officer294 Standards and Training Council to stand by to keep the peace wh ile the verified real295 property owner or authorized agent of the real property owner c hanges the locks and296 removes any personal property of the unauthorized person or per sons from the land or297 premises to or near the property line. When such request is made, such sheriff, deputy298 sheriff, constable, marshal, or other peace officer certified by the Georgia Peace Officer299 S. B. 463 (SUB) - 12 - 26 LC 49 2872S Standards and Training Council may charge a reasonable hourly r ate, and the real300 property owner or agent requesting such service shall be respon sible for paying the301 reasonable hourly rate set by such sheriff, deputy sheriff, con stable, marshal, or other302 peace officer certified by the Georgia Peace Officer Standards and Training Council. The303 sheriff, deputy sheriff, constable, marshal, or other peace officer certified by the Georgia304 Peace Officer Standards and Training Council shall not be liabl e to the unauthorized305 person or persons or any other party for the loss of or destruc tion or damage to the306 property.307 (2) The real property owner or his or her authorized agent sha ll not be liable to an308 unauthorized person or persons or any other party for the loss of or destruction or damage309 to such personal property unless the removal was wrongful.310 (g) Any person who, with the intent to remain or reside upon real property, knowingly and311 willfully presents to another person a false document purportin g to be a valid lease312 agreement, deed, or other instrument conveying real property rights commits a felony, and313 upon conviction thereof, shall be sentenced to a mandatory minimum term of imprisonment314 of not less than one year nor more than five years, and no port ion of the mandatory315 minimum sentence imposed shall be suspended, stayed, probated, deferred, or otherwise316 withheld by the sentencing court.317 (h) A person may bring a civil cause of action for wrongful re moval under this Code318 section. A person harmed by a wrongful removal under this Code section may be restored319 to possession of the real property and may recover actual damag es incurred, statutory320 damages equal to three times the fair market monthly rental rat e of the property, court321 costs, and reasonable attorney's fees. The court shall expedite such cause of action on the322 court calendar.323 (i) Nothing in this Code section shall prohibit or otherwise l imit the rights of a real324 property owner or the authority of a sheriff, deputy sheriff, c onstable, marshal, or other325 peace officer certified by the Georgia Peace Officer Standards and Training Council to326 S. B. 463 (SUB) - 13 - 26 LC 49 2872S arrest an unauthorized person or persons for criminal trespass as provided in Code327 Section 16-7-21, unlawful squatting as provided in Code Section 16-7-21.1, criminal328 damage to property in the first degree as provided in Code Sect ion 16-7-22, criminal329 damage to property in the second degree as provided in Code Sec tion 16-7-23, theft in330 violation of Article 1 of Chapter 8 of Title 16, or any other offense."331 SECTION 8.332 This Act shall become effective upon its approval by the Governor or upon its becoming law333 without such approval.334 SECTION 9.335 All laws and parts of laws in conflict with this Act are repealed.336 S. B. 463 (SUB) - 14 -