1. (1) Definition. As used in this section, unless the context otherwise requires, vulnerable road user means:

   1. (a) A pedestrian;
   2. (b) A person engaged in work upon a roadway or upon utility facilities along a roadway;
   3. (c) A person providing emergency services within a right-of-way;
   4. (d) A peace officer who is outside a motor vehicle and performing the peace officer's duties in a right-of-way;
   5. (e) A person riding or leading an animal; or

   6. (f) A person lawfully using any of the following on a public right-of-way, crosswalk, or shoulder of the roadway:

      1. (I) A bicycle, electrical assisted bicycle, tricycle, or other pedal-powered vehicle;
      2. (II) A farm tractor or similar vehicle designed primarily for farm use;
      3. (III) A skateboard;
      4. (IV) Roller skates;
      5. (V) In-line skates;
      6. (VI) A scooter;
      7. (VII) A moped;
      8. (VIII) A motorcycle;
      9. (IX) An off-highway vehicle;
      10. (X) An animal-drawn, wheeled vehicle;
      11. (XI) Farm equipment;
      12. (XII) A sled;
      13. (XIII) An electric personal assistive mobility device;
      14. (XIV) A wheelchair;
      15. (XV) A baby stroller;
      16. (XVI) A nonmotorized pull wagon; or
      17. (XVII) An autocycle.
2. (2) Prohibition. A person who drives a motor vehicle in violation of section 42-4-1402 and whose actions are the proximate cause of serious bodily injury, as defined in section 42-4-1601 (4)(b), to a vulnerable road user commits infliction of serious bodily injury to a vulnerable road user.
3. (3) Violations and penalties. (a) Infliction of serious bodily injury to a vulnerable road user is a class 1 traffic misdemeanor.

4. (b) In addition to the penalties imposed in subsections (3)(a) and (3)(c) of this section, the court may order the violator to:

   1. (I) Attend a driver improvement course in accordance with section 42-4-1717; and
   2. (II) Perform useful public service for a number of hours, which must not exceed three hundred twenty hours, to be determined by the court in accordance with section 18-1.3-507.

5. (c) In addition to the penalties imposed in subsections (3)(a) and (3)(b) of this section, a person who is convicted of violating this section is subject to:

   1. (I) License suspension in accordance with section 42-2-127; and
   2. (II) An order of restitution under part 6 of article 1.3 of title 18.

Source: L. 2019: Entire section added, (SB 19-175), ch. 331, p. 3070, § 2, effective May 29. L. 2022: (1)(f)(XV) and (1)(f)(XVI) amended and (1)(f)(XVII) added, (HB 22-1043), ch. 361, p. 2587, § 24, effective January 1, 2023.