Draft amendments target drug-impaired driving, e-cigarette proliferation

The Executive Yuan on Thursday approved draft amendments to Articles 77 and 79-1 of the Criminal Code of the Republic of China and selected provisions of the Enforcement Law of the Criminal Code of the Republic of China, as well as draft amendments to the Tobacco Hazards Prevention Act. The proposed changes will be submitted to the Legislative Yuan for deliberation, with the bills for the ROC Criminal Code and its Enforcement Law to be jointly submitted by the Executive Yuan and the Judicial Yuan.

Premier Cho Jung-tai said that, to strengthen enforcement against etomidate (commonly associated with so-called "zombie vapes") and prevent drug-impaired driving, the Executive Yuan has, in the past two weeks, approved draft amendments to various laws, including the Criminal Code of the Republic of China, Criminal Code of the Armed Forces, Narcotics Hazard Prevention Act, and Road Traffic Management and Penalty Act. Notably, Thursday's amendments aim to reinforce the relevant legal framework, enhance coordinated efforts against drug-impaired driving, curb the recent proliferation of new e-cigarette products and crack down on illegal activity.

The premier highlighted three key areas of proposed change in the ROC Criminal Code and its Enforcement Law. First, parole will be denied to repeat offenders convicted of unsafe driving offenses. Parole will also be denied to offenders convicted of particularly serious violent crimes-murder, attempted murder, or child abuse resulting in death or serious injury-who are sentenced to life imprisonment or more than 10 years in prison. Second, in accordance with the constitutional principle of equality, the number of days spent in detention prior to a final court judgment will count toward the time-served requirements for parole eligibility for both life imprisonment and fixed-term imprisonment. Third, additional provisions will be added to the Enforcement Law to minimize ambiguities in application.

The premier noted the growing misuse of e-cigarettes as a vehicle to consume emerging drugs such as etomidate. He said that the draft amendments to the Tobacco Hazards Prevention Act will establish a comprehensive dual enforcement framework for both criminal and administrative penalties. These changes will enable stricter inspection and tougher punishments for the illegal manufacture, import, supply, sale or display of e-cigarettes, while formally making possession of e-cigarettes subject to administrative penalties including confiscation.