SENATE BILL NO. 1416

AMENDMENT IN THE NATURE OF A SUBSTITUTE

(Proposed by the Senate Committee for Courts of Justice

on ________________)

(Patron Prior to Substitute—Senator Ebbin)

A BILL to amend the Code of Virginia by adding a section numbered 46.2-816.2, relating to striking vulnerable road users in crosswalks; penalty.

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 46.2-816.2 as follows:

§ 46.2-816.2. Striking vulnerable road users within a crosswalk; penalty.

A. Any person operating a motor vehicle in a manner constituting a moving violation of any provision of this chapter who strikes a vulnerable road user, as defined in § 46.2-816.1, lawfully present within any clearly marked crosswalk, whether at midblock or at the end of any block, resulting in serious bodily injury is guilty of a Class 1 misdemeanor.

B. A prosecution or proceeding under § 46.2-852 or 46.2-818.2 is a bar to a prosecution or proceeding under this section for the same act, and a prosecution or proceeding under this section is a bar to a prosecution or proceeding under § 46.2-852 or 46.2-818.2 for the same act.