Georgia HB 61: Probate court; internal cross-reference; correct

Bill Text

26 HB 61/SCSFA
SENATE SUBSTITUTE TO HB 61
ADOPTED SENATE
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 procedures 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 prohibit public access to court records8
of dispossessory proceedings under certain conditions; to provide for limitations and law9
enforcement officer safety regarding removal; to provide for legislative findings; to authorize10
real property owners to request assistance from law enforcement for the immediate removal11
of squatters from their property under certain conditions; to require such property owners to12
submit a verified complaint; to provide for complaint requirements; to provide for law13
enforcement requirements; to authorize arrest of squatters for legal cause; to authorize a fee14
for service; to provide for law enforcement and property owner immunity in certain15
instances; to provide for civil remedies; to provide for criminal penalties; to provide for16
definitions; to provide for an effective date and applicability; to provide for related matters;17
to provide for a short title; to repeal conflicting laws; and for other purposes.18
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26 HB 61/SCSFA
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:19
SECTION 1.20
This Act shall be known and may be cited as the ''Georgia Anti-Squatting Act of 2026.''21
SECTION 2.22
Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrate23
courts, is amended in subsection (a) of Code Section 15-10-2, relating to general jurisdiction24
and authority of magistrate to act, by revising paragraphs (18) and (19) and adding a new25
paragraph to read as follows:26
"(18) The trial and sentencing of unlawful squatting violations as provided in Code27
Section 16-7-21.1; and28
(19) Proceedings against intruders and unlawful squatting as provided in Code29
Sections 44-11-30, 44-11-31, 44-11-32, and 44-11-33; and30
(20) Proceedings against squatters as provided in Code Section 44-11-34."31
SECTION 3.32
Said chapter is further amended by revising Code Section 15-10-260, relating to jurisdiction33
and penalties, as follows:34
"15-10-260.35
(a) This article governs trials of misdemeanor violations of Code Sections 16-13-30,36
16-13-2, 16-8-14, 16-8-14.1, 3-3-23, and 16-7-21, and 16-7-21.1.37
(b) Magistrate courts are authorized to conduct trials and impose sentences for violations38
of misdemeanors specified in subsection (a) of this Code section; provided, however, that39
as follows:40
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26 HB 61/SCSFA
(1) For misdemeanor violations of Code Sections 16-13-30, 16-13-2, 16-8-14, 16-8-14.1,41
3-3-23, and 16-7-21, the violation must shall have occurred in the unincorporated area42
of the county; and43
(2) For misdemeanor violations of Code Section 16-7-21.1, the violation may have44
occurred anywhere in the county.45
(c) A person convicted of violation of a misdemeanor specified in subsection (a) of this46
Code section shall be punished as provided in paragraphs (1) through (4) (6) of this47
subsection as follows:48
(1) For possession of less than one ounce of marijuana, as provided in subsection (b) of49
Code Section 16-13-2;50
(2) For misdemeanor theft by shoplifting, as provided in paragraph (1) of subsection (b)51
of Code Section 16-8-14;52
(3) For misdemeanor refund fraud, as provided in paragraph (1) of subsection (b) of53
Code Section 16-8-14.1;54
(4) For furnishing alcoholic beverages to, and purchase and possession of alcoholic55
beverages by, a person under 21 years of age, as provided in Code Section 3-3-23.1; and56
(5) For criminal trespass, as provided in subsection (d) of Code Section 16-7-21; and57
(6) For unlawful squatting, as provided in subsection (c) of Code Section 16-7-21.1.58
(d) The jurisdiction of magistrate courts to try and dispose of the misdemeanor violations59
enumerated in subsection (a) of this Code section shall be concurrent with the jurisdiction60
of any other courts having jurisdiction to try and dispose of such cases."61
SECTION 4.62
Code Section 16-7-21.1 of the Official Code of Georgia Annotated, relating to unlawful63
squatting, is amended as follows:64
"16-7-21.1.65
(a) As used in this Code section, the term 'resides' means to occupy, inhabit, or live.66
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26 HB 61/SCSFA
(a)(1)(b) A person commits the offense of unlawful squatting when he or she enters upon67
the land or premises of another and resides on such land or