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Amendments to California Stalking Law 1991 thru 2004


  1. 1991 thru 1995

  2.  1996 thru 1999

  3.  2000 thru 2004                             

Amendments to California Stalking Law

PC 646.9 - 1991 thru 1995

1991 – 1992




1. 1st time stalking – misdemeanor.   1. 1st time stalking-misdemeanor or felony. 1. "The present incarceration of the defendant shall not be a bar to prosecution under this section.
2. If TRO or injunction – wobbler. 2. If TRO, injunction or any other court order - wobbler 2. If TRO, injunction, or any other court order – 2/3/4 state prison. 2. DOC or County Sheriff shall give notice not less than 15 days prior to the release from state prison or a county jail of any person convicted of stalking or felony domestic violence to any victim, family member, or witness to the offense by telephone or
3. Prior conviction of stalking involving act of violence – wobbler (same victim) 3. Prior conviction of stalking involving act of violence against same victim – wobbler. Prior conviction of felony stalking, act of violence, same victim – 16/2/3 3. Prior felony stalking conviction, same or different victim, no act of violence – 2/3/4 (if no prior misd. conv. can now file felony –16/2/3) certified mail at her last known address, upon request. All information relating to any person who receives notice shall remain confidential. "Release" includes a
4. Threat must be against victim 4. Threat must be against victim or victim’s immediate family (no definition). 4. Threat against victim or immediate family – defined to include "live-ins". release from state prison or county jail because time has been served, parole or probation granted, or escape.
5. Threat must be death or great bodily injury. 5. Threat must be death or great bodily injury. 5. Threat must be against the "safety" of victim or family.  
6. Credible threat. (see #5) threat made with intent and apparent ability to carry out threat. 6. Credible threat; same as 1991-1992, but includes "immediate family". 6. Credible threat (see #5) redefined – verbal or written or threat implied by pattern of conduct.  
  7. If probation is granted, court must order counseling, unless good cause is shown. 7. Same as 1993  
  8. Court shall consider issuing restraining order valid for up to 10 years. 8. Same as 1993  
    9. Redefines and incorporates PC2684 – Court shall consider defendant who is sentenced to state prison would benefit from treatment in a mental hospital facility D.O.C. shall consider the recommendation.  


Amendments to California Stalking Law

PC 646.9 - 1996 thru 1999




1. Redefines "credible threat" intent element – "with the intent to place the person who is the target of the threat in reasonable fear for his or her safety or the safety of his or her family and made with the apparent ability to carry out the threat…"

1. Added PC 646.91 – Peace officers

may issue ex-parte emergency protective orders for victims of stalking or workplace violence.

1. Expanded definition of "credible

threat" to include threats which are

communicated by electronic communication device, telephones, cellular phones, computers, video recorders, fax machines, and pagers.

2. Victim notification by DOC renumbered PC646.92.   2. An offense may be deemed to have been committed where the electronic communication or communications were originally sent or were first viewed by the recipient.
3. Sentencing ct. shall consider issuing a 10 yr. restraining order.    
4. Ct. may order that the defendant register as a sex offender pursuant to PC290.
5. Adds stalking to confidentiality requirement of Gov’t Code Section 6254    
6. Intent to carry out threat  






Amendments to California Stalking Law

PC 646.9 - 2000 thru 2004





1. Under 646.91 emergency protective orders may be issued by police for community college and school districts. 1. Increased penalty for felony stalking when there is a TRO, injunction or any other court order to 2, 3, or 4 years.

    1. Eliminates requirement

of "substantial emotional distress"

1. Under 646.91 (B) To the restrained person (added) "you may not own, possess, purchase or receive, or attempt to purchase or receive a firearm while this order is in effect."
2. Police to notify sheriff or police chief of the city where school located.





2. Increases penalty for anyone who is convicted of felony stalking and who has a prior felony conviction under Sections 273.5, 273.6 or 422 to imprisonment in state prison for 2 or 3 or 5 years. 2. "Course of conduct" means "2 or more acts".  
3. Added 646.93 The county sheriff shall give notice of the release on bail of any person arrested for violating Sec 646.9. The notice shall be directed to the domestic violence unit of the prosecuting agency of the county or city where the victim resides or any person so designated by that agency. 3. Under 646.93 the sheriff or county official must designate a phone # for public inquiry regarding bail or release and status of the arrestee. Must specify on the victim resource card the phone number a victim should call to obtain info.    
  4. Added 646.94, Dept. of Corrections to ensure any parolee who is high risk of committing a repeat stalking offense be placed on an intensive and specialized parole supervision program for the period of parole.    


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