HB 1016 Georgia House · 2025-2026 Regular Session

Magistrate courts; expand existing remedies regarding unauthorized possession of real property

Summary
A BILL to be entitled an Act to amend Article 1 of Chapter 10 of Title 15, Article 2 of Chapter 7 of Title 16, and Article 2 of Chapter 11 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions relative to magistrate courts, criminal trespass and damage to property, and proceedings against intruders, respectively, so as to expand existing remedies regarding the unauthorized possession of real property; to require that any person subject to removal or arrest for the unauthorized possession of real property be given 30 calendar days to present a counteraffidavit prior to any such removal or arrest; to provide for legislative findings and intent; to provide for definitions; to make conforming changes; to provide for an effective date and applicability; to provide for related matters; to repeal conflicting laws; and for other purposes.
Bill status in committee 1 of 4 stages cleared
Introduction
Jan 2026
Committee Review
Floor Vote
Governor
Introduced Jan 27, 2026 Last action Mar 6, 2026
Maddy AI version diff · 1 comparison

What changed between versions

LC 60 0218/a LC 61 0434S/hs · 3 edits
MINOR
The bill was amended to reduce the notice period for unlawful possession cases from 30 calendar days to just 3 days, and removed references to criminal trespass and damage to property from the bill's scope. The bill now focuses only on magistrate court jurisdiction and proceedings against intruders.
Scope change
The bill's scope was narrowed by removing references to criminal trespass and damage to property (Title 16), focusing exclusively on magistrate court jurisdiction and proceedings against intruders.
TIMELINE

The time period for presenting a counteraffidavit was reduced from 30 calendar days to 3 days, significantly accelerating the eviction process for unauthorized property possession.

SCOPE

References to criminal trespass and damage to property under Title 16 were removed from the bill's scope, narrowing its focus to only magistrate court and intruder proceedings.

REQUIREMENT

The requirement for law enforcement to show an affidavit to the person in possession was changed from 30 days to 3 days before removal, speeding up the process.

Floor votes

How they voted

No floor votes recorded yet.
Full legislative history

Actions timeline

Total actions
4
Key actions
1
Committee
1
Mar 6, 2026
Lower · Passed
House Committee Favorably Reported By Substitute
lower
Jan 27, 2026
Introduced
House Hopper
lower
2 primary · 0 co-sponsors

Sponsors