24 LC 48 1084
House Bill 1017
By: Representatives Seabaugh of the 34
th
, Reeves of the 99
th
, Burchett of the 176
th
, Crowe
of the 118
th
, Silcox of the 53
rd
, and others
A BILL TO BE ENTITLED
AN ACT
To amend Code Section 16-7-21 of the Official Code of Georgia Annotated, relating to
1
criminal trespass, so as to include when a person enters a land or premises for purposes of2
residing on such land or premises; to provide a short title; to provide for a definition; to3
provide for a violation and penalty; to amend Article 2 of Chapter 11 of Title 44 of the4
Official Code of Georgia Annotated, relating to proceedings against intruders, so as to5
provide for the submission of a property affidavit in magistrate court; to provide that6
proceedings regarding a writ of possession are not required to be jury trials; to provide for7
related matters; to repeal conflicting laws; and for other purposes.8
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9
SECTION 1.10
This Act shall be known and may be cited as the "Georgia Squatter Reform Act."11
SECTION 2.12
Code Section 16-7-21 of the Official Code of Georgia Annotated, relating to criminal13
trespass, is amended as follows:14
H. B. 1017
- 1 - 24 LC 48 1084
"16-7-21.
15
(a) A person commits the offense of criminal trespass when he or she intentionally16
damages any property of another without consent of that other person and the damage17
thereto is $500.00 or less or knowingly and maliciously interferes with the possession or18
use of the property of another person without consent of that person.19
(b) A person commits the offense of criminal trespass when he or she knowingly and20
without authority:21
(1) Enters upon the land or premises of another person or into any part of any vehicle,22
railroad car, aircraft, or watercraft of another person for an unlawful purpose;23
(2) Enters upon the land or premises of another person or into any part of any vehicle,24
railroad car, aircraft, or watercraft of another person after receiving, prior to such entry,25
notice from the owner, rightful occupant, or, upon proper identification, an authorized26
representative of the owner or rightful occupant that such entry is forbidden; or
27
(3) Remains upon the land or premises of another person or within the vehicle, railroad28
car, aircraft, or watercraft of another person after receiving notice from the owner,29
rightful occupant, or, upon proper identification, an authorized representative of the30
owner or rightful occupant to depart; or31
(4) Enters upon the land or premises and resides in such land or premises for any period32
of time without the knowledge or consent of the owner, rightful occupant, or an33
authorized representative of the owner. For purposes of this Code section, the term34
'resides' means to inhabit, occupy, or live on or within any land or premises.35
(c) For the purposes of subsection (b) of this Code section, permission to enter or36
invitation to enter given by a minor who is or is not present on or in the property of the37
minor's parent or guardian is not sufficient to allow lawful entry of another person upon the38
land, premises, vehicle, railroad car, aircraft, or watercraft owned or rightfully occupied39
by such minor's parent or guardian if such parent or guardian has previously given notice40
that such entry is forbidden or notice to depart.41
H. B. 1017
- 2 - 24 LC 48 1084
(d)(1) A person who commits the offense of criminal trespass shall be guilty of a42
misdemeanor.43
(2) Except as provided by paragraph (1) of this subsection, any person who violates44
paragraph (4) of subsection (b) of this Code section shall be guilty of a misdemeanor of45
a high and aggravated nature, as provided in Code Section 17-10-4.46
(e) A person commits the offense of criminal trespass when he or she intentionally47
defaces, mutilates, or defiles any grave marker, monument, or memorial to one or more48
deceased persons who served in the military service of this state, the United States of49
America or any of the states thereof, or the Confederate States of America or any of the50
states thereof, or a monument, plaque, marker, or memorial which is dedicated to, honors,51
or recounts the military service of any past or present military personnel of this state, the52
United States of America or any of the states thereof, or the Confederate States of America53
or any of the states thereof if such grave marker, monument, memorial, plaque, or marker54
is privately owned or located on land which is privately owned."55
SECTION 3.56
Article 2 of Chapter 11 of Title 44 of the Official Code of Georgia Annotated, relating to57
proceedings against intruders, is amended by revising Code Section 44-11-32, relating to58
procedure on submission of counteraffidavit and trial, as follows:59
"44-11-32.60
If the party in possession submits a counteraffidavit as provided in Code Section 44-11-30,61
the sheriff shall not turn him or her out of possession but shall leave both parties in their62
respective positions. In such an event, the sheriff shall return both affidavits to the office63
of the clerk of the superior magistrate court of the county in which the land is located for64
a trial of the issue before a jury in accordance with the laws of this state."65
H. B. 1017
- 3 - 24 LC 48 1084
SECTION 4.
66
Said article is further amended by revising Code Section 44-11-33, relating to issuance of67
writ of possession and fi.fa. for costs, as follows:68
"44-11-33.69
If the jury, upon
the trial provided for in Code Section 44-11-32, finds a verdict for the70
plaintiff, the clerk of the court shall issue a writ of possession and a fi. fa. for the costs of71
the proceeding."72
SECTION 5.73
All laws and parts of laws in conflict with this Act are repealed.74
H. B. 1017
- 4 -