2004 Senate Bill 1009 / Public Act 154

Clarify "false pretense" in fraud law

Introduced in the Senate

Feb. 24, 2004

Introduced by Sen. Alan L. Cropsey (R-33)

To define "false pretense" in the criminal fraud law. "False pretense" would mean a false or fraudulent representation, writing, communication, statement, or message that the maker knows is false or fraudulent. This could be a representation about a past or existing fact or circumstance, or about the intention to perform or have performed a future event. A recent state Supreme Court decision determined that the current fraud statute does not cover this, and invited the legislature to change the law to do so.

Referred to the Committee on Judiciary

April 22, 2004

Reported without amendment

With the recommendation that the amendment be adopted and that the bill then pass.

April 28, 2004

Amendment offered

To establish a new date on which the bill will go into effect if passed.

The amendment passed by voice vote

April 29, 2004

Passed in the Senate 38 to 0 (details)

Received in the House

April 29, 2004

Referred to the Committee on Criminal Justice

May 19, 2004

Reported without amendment

Without amendment and with the recommendation that the bill pass.

May 26, 2004

Passed in the House 107 to 0 (details)

To define "false pretense" in the criminal fraud law. "False pretense" would mean a false or fraudulent representation, writing, communication, statement, or message that the maker knows is false or fraudulent. This could be a representation about a past or existing fact or circumstance, or about the intention to perform or have performed a future event. A recent state Supreme Court decision determined that the current fraud statute does not cover this, and invited the legislature to change the law to do so.

Received in the Senate

June 1, 2004

Signed by Gov. Jennifer Granholm

June 15, 2004