Georgia 2023-2024 Regular Session

Georgia House Bill HB1017 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	24 LC 48 1242S~~/AP~~
2		-	House Bill 1017 (~~AS PASSED HOUSE AND SENATE~~)
	1	+	24 LC 48 1242S
	2	+	House Bill 1017 (COMMITTEE SUBSTITUTE)
3	3		By: Representatives Seabaugh of the 34
4	4		th
5	5		, Reeves of the 99
6	6		th
7	7		, Burchett of the 176
8	8		th
9	9		, Crowe
10	10		of the 118
11	11		th
12	12		, Silcox of the 53
13	13		rd
14	14		, and others
15	15		A BILL TO BE ENTITLED
16	16		AN ACT
17	17		To amend Code Section 15-10-2 of the Official Code of Georgia Annotated, relating to the
18	18		1
19	19		general jurisdiction and authority of magistrate to act, so as to include certain criminal2
20	20		trespass violations; to amend Title 16 of the Official Code of Georgia Annotated, relating to3
21	21		crimes and offenses, so as to provide for the offense of unlawful squatting violations where4
22	22		a person enters a land or premises for purposes of residing on such land or premises; to5
23	23		provide for a definition; to provide for a violations and penalties; to amend Article 2 of6
24	24		Chapter 11 of Title 44 of the Official Code of Georgia Annotated, relating to proceedings7
25	25		against intruders, so as to provide for the submission of a property affidavit in magistrate8
26	26		court; to provide time frame for turning out person or persons; to provide for9
27	27		counteraffidavits; to provide for officers and certified individuals; to provide for monetary10
28	28		relief; to provide that proceedings regarding a writ of possession are not required to be jury11
29	29		trials; to provide for related matters; to provide for an effective date; to provide a short title;12
30	30		to repeal conflicting laws; and for other purposes.13
31	31		BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:14
32	32		SECTION 1.15
33	33		This Act shall be known and may be cited as the "Georgia Squatter Reform Act."16
34		-	H. B. 1017
35		-	- 1 - 24 LC 48 1242S~~/AP~~
	34	+	H. B. 1017 (SUB)
	35	+	- 1 - 24 LC 48 1242S
36	36		SECTION 2.
37	37		17
38	38		Code Section 15-10-2 of the Official Code of Georgia Annotated, relating to the general18
39	39		jurisdiction and authority of magistrate to act, is amended by adding new paragraphs to19
40	40		subsection (a) to read as follows:20
41	41		"(16) The foreclosure of liens on abandoned mobile homes as established in Article 6 of21
42	42		Chapter 7 of Title 44; and
43	43		22
44	44		(17) The foreclosure of liens on abandoned motor vehicles as established in Article 1A23
45	45		of Chapter 11 of Title 40, 'The Abandoned Motor Vehicle Act.' Act';24
46	46		(18) The trial and sentencing of unlawful squatting violations as provided in Code25
47	47		Section 16-7-21.1; and26
48	48		(19) Proceedings against intruders and unlawful squatting as provided in Code Sections27
49	49		44-11-30, 44-11-31, 44-11-32, and 44-11-33."28
50	50		SECTION 3.29
51	51		Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is30
52	52		amended in Article 2 of Chapter 7, relating to criminal trespass and damage to property, by31
53	53		adding a new Code Section to read as follows:32
54	54		"16-7-21.1.33
55	55		(a)(1) A person commits the offense of unlawful squatting when he or she enters upon34
56	56		the land or premises of another and resides on such land or premises for any period of35
57	57		time knowingly acting without the knowledge or consent of the owner, rightful occupant,36
58	58		or an authorized representative of the owner. For purposes of this Code section, the term37
59	59		'resides' means to inhabit or live on or within any land or premises.38
60	60		(2) Any person who commits or is accused of committing the offense of unlawful39
61	61		squatting as provided for in paragraph (1) of this subsection shall receive a citation40
62	62		advising that they must present to the head of the issuing law enforcement agency or their41
63	63		designee within three business days of receiving the citation for such alleged offense42
64		-	H. B. 1017
65		-	- 2 - 24 LC 48 1242S~~/AP~~
	64	+	H. B. 1017 (SUB)
	65	+	- 2 - 24 LC 48 1242S
66	66		properly executed documentation that authorizes the person's entry on such land or43
67	67		premises. Such documentation may include a properly executed lease or rental44
68	68		agreement or proof of rental payments.45
69	69		(3) If such person is unable to provide the documentation required by paragraph (2) of46
70	70		this subsection, such person shall be subject to arrest for unlawful squatting and upon47
71	71		conviction to the penalty provided in subsection (b) of this Code section.48
72	72		(4) If such person does provide documentation that authorizes such person's entry on the49
73	73		land or premises, a hearing shall be set within seven days of the submission of such50
74	74		documentation and if the court finds that the submitted documentation was not properly51
75	75		executed or is not meritorious, such person shall be subject to demand for possession and52
76	76		removal as provided in Code Section 44-11-32, be subject to arrest and upon conviction53
77	77		penalties as provided for in Code Sections 16-9-1 and 16-9-2, and shall be assessed an54
78	78		additional fine based on the fair market monthly rental rate of the land or premises.55
79	79		(b) Any person who violates subsection (a) of this Code section shall be guilty of a56
80	80		misdemeanor which upon conviction shall be punishable as provided in Code57
81	81		Section 17-10-3."58
82	82		SECTION 4.59
83	83		Article 2 of Chapter 11 of Title 44 of the Official Code of Georgia Annotated, relating to60
84	84		proceedings against intruders, is amended by revising Code Section 44-11-30, relating to61
85	85		manner of ejecting intruders, affidavit, ejection by sheriff, and counteraffidavit, as follows:62
86	86		"44-11-30.63
87	87		When any person, either by himself or herself, his or her agent, or his or her attorney in64
88	88		fact, shall take and subscribe an affidavit in writing before any officer authorized to65
89	89		administer an oath setting forth that he or she claims, in good faith, the right of possession66
90	90		to the described land or tenement and that such land or tenement is in the hands of another67
91	91		named person who does not in good faith claim a right to such possession and yet refuses68
92		-	H. B. 1017
93		-	- 3 - 24 LC 48 1242S~~/AP~~
	92	+	H. B. 1017 (SUB)
	93	+	- 3 - 24 LC 48 1242S
94	94		to abandon the same, it shall be the duty of the sheriff, sheriff deputy, constable, marshal,69
95	95		or other individual certified by the Georgia Peace Officer Standards and Training Council70
96	96		of the county where the land or tenement is located, upon receiving such affidavit, to71
97	97		exhibit such affidavit to the person described as being in possession of such land or72
98	98		tenement at the earliest possible day and to turn at least three days prior to turning such73
99	99		person out of possession unless the person in possession tenders to the such sheriff, sheriff74
100	100		deputy, constable, marshal, or other individual certified by the Georgia Peace Officer75
101	101		Standards and Training Council a counteraffidavit stating that he or she claims, in good76
102	102		faith, a legal right to the possession of the land or tenement. Such sheriff, sheriff deputy,77
103	103		constable, marshal, or other individual certified by the Georgia Peace Officer Standards78
104	104		and Training Council shall turn out such person once three days have elapsed from the day79
105	105		such affidavit was exhibited."80
106	106		SECTION 5.81
107	107		Said article is further amended by revising Code Section 44-11-31, relating to sheriff82
108	108		competent to administer oath to person in possession as follows:83
109	109		"44-11-31.84
110	110		The sheriff, sheriff deputy, constable, marshal, or other individual certified by the Georgia85
111	111		Peace Officer Standards and Training Council shall be a competent officer to administer86
112	112		the oath to the person in possession if he desires to tender the counteraffidavit provided for87
113	113		in Code Section 44-11-30."88
114	114		SECTION 6.89
115	115		Said article is further is amended by revising Code Section 44-11-32, relating to procedure90
116	116		on submission of counteraffidavit and trial, as follows:91
117		-	H. B. 1017
118		-	- 4 - 24 LC 48 1242S~~/AP~~
	117	+	H. B. 1017 (SUB)
	118	+	- 4 - 24 LC 48 1242S
119	119		"44-11-32.
120	120		92
121	121		(a)(1)
122	122		If the party in possession submits a counteraffidavit as provided in Code Section93
123	123		44-11-30, the sheriff, sheriff deputy, constable, marshal, or other individual certified by94
124	124		the Georgia Peace Officer Standards and Training Council shall not turn him or her out95
125	125		of possession but shall leave both parties in their respective positions. In such an event,96
126	126		the sheriff, sheriff deputy, constable, marshal, or other individual certified by the Georgia97
127	127		Peace Officer Standards and Training Council shall return both affidavits to the office of98
128	128		the clerk of the superior magistrate court of the county in which the land is located for a99
129	129		nonjury trial of the issue before a jury in accordance with the laws of this state.100
130	130		(2) If the party in possession submits any counteraffidavit or other documentation at trial,101
131	131		upon the magistrate's determination that the affidavit is not meritorious based on the102
132	132		preponderance of the evidence, the sheriff, sheriff deputy, constable, marshal, or other103
133	133		individual certified by the Georgia Peace Officer Standards and Training Council shall104
134	134		turn him or her out of possession to occur as soon as practicable pursuant to a writ of105
135	135		possession.106
136	136		(3) The court may award the plaintiff the fair market value rent for the duration of the107
137	137		party's occupancy, and other monetary relief found appropriate by the court. A party108
138	138		shall have the right to appeal the decision of such magistrate court and such decision shall109
139	139		be directly appealable to the Georgia appellate courts and not by de novo review by the110
140	140		superior court."111
141	141		SECTION 7.112
142	142		Said article is further amended by revising Code Section 44-11-33, relating to issuance of113
143	143		writ of possession and fi.fa. for costs, as follows:114
144	144		"44-11-33.115
145	145		If the jury, upon the trial provided for in Code Section 44-11-32, finds a verdict for the116
146	146		plaintiff, the clerk of the court shall issue a writ of possession instanter and a fi. fa. for the117
147	147		costs of the proceeding and any other monetary relief awarded by the court. The plaintiff118
148		-	H. B. 1017
149		-	- 5 - 24 LC 48 1242S~~/AP~~
	148	+	H. B. 1017 (SUB)
	149	+	- 5 - 24 LC 48 1242S
150	150		and the court shall be authorized to present the final order to law enforcement for119
151	151		investigation or prosecution."120
152	152		SECTION 8.121
153	153		This Act shall become effective upon its approval by the Governor or upon its becoming law122
154	154		without such approval.123
155	155		SECTION 9.124
156	156		All laws and parts of laws in conflict with this Act are repealed. 125
157		-	H. B. 1017
	157	+	H. B. 1017 (SUB)
158	158		- 6 -