Prosecutors are pushing a bill in the state Legislature closing what they call a dangerous loophole.
Under current law, breaking into a home specifically to commit a sexual offense can sometimes only be charged as a misdemeanor rather than a more severe felony. The bill is by Downey Democratic Assembly member Blanca Pacheco.
"AB 1741 ensures that California law recognizes the gravity of this crime by allowing it to be charged as a wobbler.," said Pacheco.
A 'wobbler' is a specific type of crime giving the justice system the flexibility to charge a defendant with either a misdemeanor or a felony, depending on the severity of the circumstances.
Opponents say the bill risks exacerbating mass incarceration. Lesli Caldwell-Houston is with the California Public Defenders Association.
"The bill's sponsors claim there is a loophole in the law.," said Caldwell-Houston. "There is not. AB 1741 is overboard, casting too large a net and this fact does create a new crime."
The bill has passed the Senate Public Safety Committee and heads next to Appropriations