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The House Committee on Judiciary offers the following substitute to HB 1017:
A BILL TO BE ENTITLED
AN ACT
To amend Code Section 15-10-2 of the Official Code of Georgia Annotated, relating to the1
general jurisdiction and authority of magistrate to act, so as to include certain criminal2
trespass violations; to amend Title 16 of the Official Code of Georgia Annotated, relating to3
crimes and offenses, so as to provide for the offense of unlawful squatting violations where4
a person enters a land or premises for purposes of residing on such land or premises; to5
provide for a definition; to provide for a violations and penalties; to amend Article 2 of6
Chapter 11 of Title 44 of the Official Code of Georgia Annotated, relating to proceedings7
against intruders, so as to provide for the submission of a property affidavit in magistrate8
court; to provide time frame for turning out person or persons; to provide for9
counteraffidavits; to provide for officers and certified individuals; to provide for monetary10
relief; to provide that proceedings regarding a writ of possession are not required to be jury11
trials; to provide for related matters; to provide for an effective date; to provide a short title;12
to repeal conflicting laws; and for other purposes.13
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:14
SECTION 1.15
This Act shall be known and may be cited as the "Georgia Squatter Reform Act."16
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SECTION 2.17
Code Section 15-10-2 of the Official Code of Georgia Annotated, relating to the general18
jurisdiction and authority of magistrate to act, is amended by adding new paragraphs to19
subsection (a) to read as follows:20
"(16) The foreclosure of liens on abandoned mobile homes as established in Article 6 of21
Chapter 7 of Title 44; and22
(17) The foreclosure of liens on abandoned motor vehicles as established in Article 1A23
of Chapter 11 of Title 40, 'The Abandoned Motor Vehicle Act.' Act';24
(18) The trial and sentencing of unlawful squatting violations as provided in Code25
Section 16-7-21.1; and26
(19) Proceedings against intruders and unlawful squatting as provided in Code Sections27
44-11-30, 44-11-31, 44-11-32, and 44-11-33."28
SECTION 3.29
Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is30
amended in Article 2 of Chapter 7, relating to criminal trespass and damage to property, by31
adding a new Code Section to read as follows:32
"16-7-21.1.33
(a)(1) A person commits the offense of unlawful squatting when he or she enters upon34
the land or premises of another and resides on such land or premises for any period of35
time knowingly acting without the knowledge or consent of the owner, rightful occupant,36
or an authorized representative of the owner. For purposes of this Code section, the term37
'resides' means to inhabit or live on or within any land or premises.38
(2) Any person who commits or is accused of committing the offense of unlawful39
squatting as provided for in paragraph (1) of this subsection shall receive a citation40
advising that they must present to the head of the issuing law enforcement agency or their41
designee within three business days of receiving the citation for such alleged offense42
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properly executed documentation that authorizes the person's entry on such land or43
premises. Such documentation may include a properly executed lease or rental44
agreement or proof of rental payments.45
(3) If such person is unable to provide the documentation required by paragraph (2) of46
this subsection, such person shall be subject to arrest for unlawful squatting and upon47
conviction to the penalty provided in subsection (b) of this Code section.48
(4) If such person does provide documentation that authorizes such person's entry on the49
land or premises, a hearing shall be set within seven days of the submission of such50
documentation and if the court finds that the submitted documentation was not properly51
executed or is not meritorious, such person shall be subject to demand for possession and52
removal as provided in Code Section 44-11-32, be subject to arrest and upon conviction53
penalties as provided for in Code Sections 16-9-1 and 16-9-2, and shall be assessed an54
additional fine based on the fair market monthly rental rate of the land or premises.55
(b) Any person who violates subsection (a) of this Code section shall be guilty of a56
misdemeanor which upon conviction shall be punishable as provided in Code57
Section 17-10-3."58
SECTION 4.59
Article 2 of Chapter 11 of Title 44 of the Official Code of Georgia Annotated, relating to60
proceedings against intruders, is amended by revising Code Section 44-11-30, relating to61
manner of ejecting intruders, affidavit, ejection by sheriff, and counteraffidavit, as follows:62
"44-11-30.63
When any person, either by himself or herself, his or her agent, or his or her attorney in64
fact, shall take and subscribe an affidavit in writing before any officer authorized to65
administer an oath setting forth that he or she claims, in good faith, the right of possession66
to the described land or tenement and that such land or tenement is in the hands of another67
named person who does not in good faith claim a right to such possession and yet refuses68
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to abandon the same, it shall be the duty of the sheriff, sheriff deputy, constable, marshal,69
or other individual certified by the Georgia Peace Officer Standards and Training Council70
of the county where the land or tenement is located, upon receiving such affidavit, to71
exhibit such affidavit to the person described as being in possession of such land or72
tenement at the earliest possible day and to turn at least three days prior to turning such73
person out of possession unless the person in possession tenders to the such sheriff, sheriff74
deputy, constable, marshal, or other individual certified by the Georgia Peace Officer75
Standards and Training Council a counteraffidavit stating that he or she claims, in good76
faith, a legal right to the possession of the land or tenement. Such sheriff, sheriff deputy,77
constable, marshal, or other individual certified by the Georgia Peace Officer Standards78
and Training Council shall turn out such person once three days have elapsed from the day79
such affidavit was exhibited."80
SECTION 5.81
Said article is further amended by revising Code Section 44-11-31, relating to sheriff82
competent to administer oath to person in possession as follows:83
"44-11-31.84
The sheriff, sheriff deputy, constable, marshal, or other individual certified by the Georgia85
Peace Officer Standards and Training Council shall be a competent officer to administer86
the oath to the person in possession if he desires to tender the counteraffidavit provided for87
in Code Section 44-11-30."88
SECTION 6.89
Said article is further is amended by revising Code Section 44-11-32, relating to procedure90
on submission of counteraffidavit and trial, as follows:91
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"44-11-32.92
(a)(1) If the party in possession submits a counteraffidavit as provided in Code Section93
44-11-30, the sheriff, sheriff deputy, constable, marshal, or other individual certified by94
the Georgia Peace Officer Standards and Training Council shall not turn him or her out95
of possession but shall leave both parties in their respective positions. In such an event,96
the sheriff, sheriff deputy, constable, marshal, or other individual certified by the Georgia97
Peace Officer Standards and Training Council shall return both affidavits to the office of98
the clerk of the superior magistrate court of the county in which the land is located for a99
nonjury trial of the issue before a jury in accordance with the laws of this state.100
(2) If the party in possession submits any counteraffidavit or other documentation at trial,101
upon the magistrate's determination that the affidavit is not meritorious based on the102
preponderance of the evidence, the sheriff, sheriff deputy, constable, marshal, or other103
individual certified by the Georgia Peace Officer Standards and Training Council shall104
turn him or her out of possession to occur as soon as practicable pursuant to a writ of105
possession.106
(3) The court may award the plaintiff the fair market value rent for the duration of the107
party's occupancy, and other monetary relief found appropriate by the court. A party108
shall have the right to appeal the decision of such magistrate court and such decision shall109
be directly appealable to the Georgia appellate courts and not by de novo review by the110
superior court."111
SECTION 7.112
Said article is further amended by revising Code Section 44-11-33, relating to issuance of113
writ of possession and fi.fa. for costs, as follows:114
"44-11-33.115
If the jury, upon the trial provided for in Code Section 44-11-32, finds a verdict for the116
plaintiff, the clerk of the court shall issue a writ of possession instanter and a fi. fa. for the117
costs of the proceeding and any other monetary relief awarded by the court. The plaintiff118
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and the court shall be authorized to present the final order to law enforcement for119
investigation or prosecution."120
SECTION 8.121
This Act shall become effective upon its approval by the Governor or upon its becoming law122
without such approval.123
SECTION 9.124
All laws and parts of laws in conflict with this Act are repealed. 125
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