1 THE Criminal Procedure Code (Amendment) Bill 2004 and Penal Code (Amendment) Bill 2004

The bills were tabled by then minister of law, Minister in the Prime Minister's Department Datuk Seri Mohd Sheikh Radzi Ahmad on July 15, 2004. The Parliamentary Select Committee on Amendments to the Penal Code and Criminal Procedure Code was announced on July 19, 2004 to conduct nationwide hearings to gather views from the public on the proposed amendments.

Among the changes are: a five-year jail term for any man who "hurts his wife or puts her in fear of death, or of being hurt, with a view of having sex". And for rape which leads to the death of the victim, offenders will face 15 to 30 years' jail and whipping.

After two years and input from 67 organisations and 35 individuals, the bills were passed on July 18, 2006, and the amended Criminal Procedure Code and Penal Code came into force on Jan 1, 2007.

Both the 2004 bills had to be corrected by way of the Penal Code (Amendment) Bill 2007 and the Criminal Procedure Code (Amendment) Bill 2007 passed on May 10, 2007, which corrected typing errors and inserted full stops and missing words.

2 The Prison (Amendment) Bill 2007

Passed on Dec 19, 2007, the new Section 46A introduces a parole system to reduce overcrowding in prisons and to help ease rehabilitated prisoners back into society.

A prisoner serving a minimum one-year sentence will be eligible for parole after he has served half his term. But those imprisoned for serious offences such as sexual offences or offences under the Kidnapping Act, Firearms (Increased Penalties Act), Dangerous Drugs Act and Internal Security Act are not eligible.

3 International Trade in Endangered Species Bill 2007

When the bill, passed on Dec 19, 2007 is enforced, it will impose stiff penalties and jail terms on those convicted of trafficking in protected flora and fauna.

In accordance with the Convention on International Trade in Endangered Species of Wild Fauna and Flora, which Malaysia joined in 1977, it also regulates the export, re-export and import of endangered species.

It seeks to make it an offence to breed wild animals in captivity or to artificially propagate plants or animals without approval. Informers will be rewarded for their help in the detection of or seizures involving endangered species.

The penalties include a fine of RM100,000 to RM1 million for individuals, and RM200,000 to RM2 million for corporations. Jail sentences can go up to seven years.

4 Persons With Disabilities Bill 2007

Passed on Dec 18, 2007, the bill provides for the setting up of a National Council for Persons with Disabilities.

The council will play a pivotal role in the implementation of the national policy for disabled persons and make recommendations on their well-being, support, care, protection, rehabilitation and development.

A Register of Persons with Disabilities will be established, to be managed and administered by a registrar-general. The register will have all information on the disabled community and also issue a "Kad OKU" (Disabled Person Card) to a person who is verified disabled.

The bill also states that employers must ensure disabled employees are accorded just and favourable work conditions and equal remuneration to those without disabilities.

The bill also places a duty on the private sector and non-governmental organisations providing institutional care for persons with disabilities to employ speech therapists, physiotherapists and occupational therapists if necessary.

5 The Employees Provident Fund (Amendment) Bill 2007

Passed on May 9, 2007, the bill allows spouses to contribute a minimum of RM50 a month to each other's accounts, and children to contribute to their parents' accounts.

Those aged 55 and above will be allowed withdraw any amount from their account at intervals of their choice. Currently, contributors can either withdraw a lump sum, a fixed monthly amount or the annual dividend.

The bill will also allow contributors to invest in other funds approved by the EPF, such as those run by financial institutions and insurance companies and Amanah Saham unit trusts, provided contributors have a certain minimum amount in their Account 1.

Those over 55 who are still working will have to contribute 5.5 per cent of their salary to the EPF, while their employers will contribute six per cent.

The bill also imposes a six-month deadline from the day the contributor dies to allow his or her next-of-kin to collect the RM2,500 death payment. There is no time frame at present.

6 Anti-Trafficking in Persons Bill 2007

The bill provides for prison sentences ranging from three to 20 years, with either an alternative or additional fine of between RM50,000 and RM500,000 for those found guilty of human trafficking.

The bill was passed on May 9, 2007, based on The Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children and the United Nations Convention against Transnational Organised Crime.

To ensure better protection and care for trafficked persons, welfare officers from the Women, Family and Community Development Ministry will receive training in dealing with such cases.
Local victims of human trafficking will also be placed in shelters for up to two years to protect them from pimps and trafficking rings. Foreigners will have to stay for three months.

7 Evidence of Child Witness Bill 2007

When it is enforced, the bill, passed on June 25, 2007, will allow children under 16 years old to give evidence without being seen by the accused. It protects children by allowing them to testify in court behind a screen, by live link or by video recording.

The court may also direct that the formal attire of a judge and court officers, such as gowns and jackets, be dispensed with while a child witness gives evidence.

The proposed legislation, which will apply to both civil and criminal cases, also permits the child to be accompanied by an adult while giving evidence. This may be anyone the child is comfortable with, such as a parent, a family member or a child psychologist.

8 The Criminal Justice (Amendment) Bill 2007

The bill was passed without debate on May 10, 2007. It increases the time to be served for a life sentence from 20 years to 30. The proposed law is consequential to amendments to the Penal Code in 2003, which increased the penalties for offences such as incest and culpable homicide not amounting to murder.

9 Legal Profession (Amendment) Bill 2006

The bill passed on July 5, 2007, removes a long-standing ban on lawyers with less than seven years' standing to be elected to the Bar Council and its sub-committees. When it is enforced, the bill will also reduce the quorum necessary for annual general meetings to 500 compared to the present one-fifth of the legal profession.

The bill has been criticised by lawyers because disciplinary proceedings will no longer be subject to judicial review by the High Court.

10 Solid Waste and Public Cleansing Management Bill 2007

The bill was passed on July 4, 2007. It provides measures for the management of controlled solid waste and public cleansing, and seeks to deal with the charges to be levied. A fine of RM5,000 will be imposed for refusing to pay the bill for garbage collection or other charges. An additional daily fine of RM50 will be imposed each day the offence is continued.

The bill also provides for a fine of not less than RM10,000 and not exceeding RM100,000, or a jail term of not less than six months and not exceeding five years, or both, for those convicted of disposing of controlled solid waste in an unauthorised manner.

And anyone who does not remove controlled solid waste from a place which is in contravention of the law, will be liable to a fine not less than RM10,000 and not exceeding RM100,000 or imprisonment not exceeding six months, or both.