Ga. Code § 16-7-21.1

Current through 2023-2024 Legislative Session Chapter 709
Section 16-7-21.1 - [Multiple versions] [Unlawful squatting]
(a)
(1) A person commits the offense of unlawful squatting when he or she enters upon the land or premises of another and resides on such land or premises for any period of time knowingly acting without the knowledge or consent of the owner, rightful occupant, or an authorized representative of the owner. For purposes of this Code section, the term 'resides' means to inhabit or live on or within any land or premises.
(2) Any person who commits or is accused of committing the offense of unlawful squatting as provided for in paragraph (1) of this subsection shall receive a citation advising that they must present to the head of the issuing law enforcement agency or their designee within three business days of receiving the citation for such alleged offense properly executed documentation that authorizes the person's entry on such land or premises. Such documentation may include a properly executed lease or rental agreement or proof of rental payments.
(3) If such person is unable to provide the documentation required by paragraph (2) of this subsection, such person shall be subject to arrest for unlawful squatting and upon conviction to the penalty provided in subsection (b) of this Code section.
(4) If such person does provide documentation that authorizes such person's entry on the land or premises, a hearing shall be set within seven days of the submission of such documentation and if the court finds that the submitted documentation was not properly executed or is not meritorious, such person shall be subject to demand for possession and removal as provided in Code Section 44-11-32, be subject to arrest and upon conviction penalties as provided for in Code Sections 16-9-1 and 16-9-2, and shall be assessed an additional fine based on the fair market monthly rental rate of the land or premises.
(b) Any person who violates subsection (a) of this Code section shall be guilty of a misdemeanor which upon conviction shall be punishable as provided in Code Section 17-10-3.

OCGA § 16-7-21.1

Added by 2024 Ga. Laws 483,§ 3, eff. 4/24/2024.