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130008) Authorizes the Attorney General to accept and utilize gifts of property and services from State and local governments for the purpose of assisting the INS in the transportation of deportable aliens who are arrested for misdemeanor or felony crimes under State or Federal law and who are either unlawfully within the United States or willing to submit to voluntary departure under safeguards, subject to specified limitations. Following vacatur, questions were raised as to whether the section 112(j) requirements should apply to those sources that had been subject to the MACT prior to vacatur. Nevertheless, plaintiff complains of pain on the right side of her body. Sets forth provisions regarding: (1) supervised release following revocation; and (2) delayed revocation. Subtitle F: White Collar Crime Amendments - Establishes penalties for knowingly receiving the proceeds of: (1) extortion; (2) a kidnapping; and (3) a postal robbery. Schmidt, Attorneys' Dictionary of Medicine and Word Finder A-213 (1962). See N.J.S.A. As part of the Clean Air Act (CAA) Amendments of 1990, Congress established a list of source categories and subcategories (Sec. 210305) Set forth proficiency testing and privacy protection requirements and penalties for violations. Kyle B. Swaney. Pendulum hammers can be un-instrumented or instrumented. See Pico v. State, 116 N.J. 55, 59, 560 A.2d 1193 (1989); see also Brooks, supra, 150 N.J. at 402, 696 A.2d 619 (discussing the legislative history and intent of N.J.S.A. (Sec. 240002) Directs the Sentencing Commission to ensure that the applicable guideline range for a defendant convicted of a crime of violence against an elderly victim is sufficiently stringent to deter such crimes, protect the public from additional crimes of such a defendant, and provide enhanced penalties under specified criteria. 150004) Amends the Juvenile Justice and Delinquency Prevention Act of 1974 to direct the Administrator of the Office of Juvenile Justice and Delinquency Prevention to develop and distribute to program participants specific model guidelines for the screening of prospective program mentors. 320935) Amends the FRE to allow evidence of similar offenses in criminal or civil sexual assault and child molestation cases. 320927) Amends the Federal criminal code to exempt from the background check requirement (pursuant to the Brady Handgun Violence Prevention Act) the return of a handgun to the person from whom it was received. 59:9-2 Task Force Comment. 110304) Authorizes the Secretary to inspect or examine the inventory and records of a licensed dealer without reasonable cause or warrant to ensure compliance with recordkeeping requirements at any time with respect to records relating to a firearm involved in a criminal investigation that is traced to the licensee. Subtitle G: Protections for Battered Immigrant Women and Children - Amends the Immigration and Nationality Act (INA) to allow an alien spouse to self-petition for immediate relative or second preference status if the alien demonstrates to the Attorney General that: (1) the alien is residing in the United States, the marriage between the alien and the spouse was entered into in good faith by the alien, and during the marriage the alien or a child of the alien has been battered by or been the subject of extreme cruelty perpetrated by the alien's spouse; and (2) the alien is a person whose deportation, in the opinion of the Attorney General, would result in extreme hardship to the alien or a child of the alien. 5.Plaintiff disputed this in her deposition on September 17, 1996. Requires the Judicial Conference of the United States to evaluate and report to the Congress its views on whether and how the FRE should be amended to guarantee that the confidentiality of communications between sexual assault victims and their therapists or trained counselors will be adequately protected in Federal court proceedings. 50/50. The Act banned the sale of goods that were made by children under the age of 14, in interstate commerce. 39:6A-8a, a scar must be objectively significantly disfiguring. Puso, supra, 272 N.J.Super. Absent objective medical evidence, plaintiff cannot recover pain-and-suffering damages for her right elbow. 31112) Sets forth revolving loan fund requirements relating to: (1) a competitive assessment of applications from eligible entities for capitalization of such funds; (2) applications including strategic investment plans and demonstrations of experience and achievement; (3) matching local funds; and (4) local and private sector contributions. Reserves certain funds for such priority activities. 20402) Requires that any submission of legislation by the judicial or executive branch which could increase or decrease the number of persons incarcerated or in Federal penal institutions be accompanied by a prison impact statement. Requires the court: (1) to promptly, upon the defendant's request, assign two counsel of whom at least one shall be learned in the law applicable to capital cases and who shall have free access to the accused at all reasonable hours; and (2) in assigning counsel, to consider the recommendation of the Federal Public Defender organization or, if no such organization exists in the district, the Administrative Office. Subtitle B: National Narcotics Leadership Act Amendments - Amends the National Narcotics Leadership Act of 1988 to require the Director of National Drug Control Policy to request the head of a department or agency to include in its budget submission to the Office of Management and Budget funding requests for specific initiatives. Directs the Secretary to award skill enhancement grants and operating grants to CDCs. (Sec. Furthermore, despite Dr. Tillis's conclusion that plaintiff's tendinitis was post traumatic, he did not state whether the trauma that caused the tendinitis was the collision of October 27, 1994, nor did he explain why he believed the tendinitis resulted from some trauma. Sets limits on grants for equipment, technology and support systems. 140004) Amends the Omnibus Act to authorize grants for bindover systems for the prosecution of violent 16- and 17-year old juveniles in courts with jurisdiction over adults for the crimes of murder (first and second degree), attempted murder, armed robbery with a firearm, aggravated battery or assault with a firearm, criminal sexual penetration when armed with a firearm, and drive-by shooting. 20404) Provides that, in the case of a prisoner convicted of an offense committed prior to November 1, 1987, a reference under the code to supervised release shall be deemed to be a reference to probation or parole. The technical storage or access that is used exclusively for statistical purposes. Requires such organizations, in providing such extracurricular and academic programs, to provide programs such as curriculum-based supervised educational, work force preparation, entrepreneurship, cultural, health programs, social activities, arts and crafts programs, dance programs, and tutorial and mentoring programs. As a minor source of HAP, the facility would not be subject to section 112(j) case-by-case MACT requirements and could potentially avoid being subject to any replacement MACT regulations promulgated by U.S. EPA to replace the vacated MACT regulation. (Sec. The proposed rulemaking would eliminate the two-part permitting process and instead require a facility to submit a case-by-case MACT application 180 days following the vacatur of a rule. 39:6A-8a. 59:9-2(d), to permit her to recover against a public entity or its employee. Cf. The Violent Crime Control and Law Enforcement Act of 1994. Subtitle B: Assaults Against Children - Increases penalties for simple assault. (Sec. Substitutes "care" for "child care" in specified provisions of that Act and defines it to include the provision of care or treatment to children, the elderly, or individuals with disabilities. Subtitle D: Domestic Violence - Prohibits the sale or other disposal of firearms or ammunition to, or receipt of firearms or ammunition by, persons who have been convicted of offenses involving domestic abuse. 20412) Revises early release requirements under the Federal criminal code to provide that credit toward a prisoner's service of sentence shall not vest unless the prisoner has earned or is making satisfactory progress toward a high school diploma or an equivalent degree. Congress added section 112(j) to the CAA to address situations where U.S. EPA failed to promulgate a new MACT standard by the deadlines set forth by Congress in the CAA. You are encouraged to reuse any material on this site. (Sec. That section establishes certain threshold injury requirements for recovery, providing in part: No damages shall be awarded against a public entity or public employee for pain and suffering resulting from any injury; provided, however, that this limitation on the recovery of damages for pain and suffering shall not apply in cases of permanent loss of a bodily function, permanent disfigurement or dismemberment where the medical expenses are in excess of $1,000.00. Specifies that such a factor, if found to exist, shall weigh in favor of a transfer to adult status, but the absence of such factor shall not preclude such a transfer. And combined in all-with all of them, the plaintiff is not within the statute according to Brooks[ v. Odom, 150 N.J. 395, 696 A.2d 619 (1997)]. Brooks, supra, 150 N.J. at 406, 696 A.2d 619. To determine whether a scar constitutes disfigurement, we apply the definition used in Falcone v. Branker, 135 N.J.Super. (Sec. This hammer clause split is the most common version of the clause that we see. (Sec. 130005) Authorizes the Attorney General to provide for the expeditious adjudication of asylum claims and the expeditious deportation of asylum applicants whose applications have been finally denied, unless the applicant remains in an otherwise valid nonimmigrant status. The scar on her left leg appears to be at least fifteen centimeters long and runs the length of her knee cap, ending in an indentation near the bottom of the scar that is discolored and mottled. While every effort has been made to follow citation style rules, there may be some discrepancies. Visit us on Mastodon Subtitle C: Alien Incarceration - Directs the Attorney General, upon written request by the chief executive officer of a State or political subdivision exercising authority regarding the incarceration of an undocumented criminal alien, to: (1) enter into a contractual arrangement which provides for compensation to the State or political subdivision for such incarceration; or (2) take such alien into Federal custody. (Sec. Directs the Attorney General to consult with the Secretary of HHS to ensure that projects of substance abuse treatment and related services for State prisoners incorporate applicable components of existing comprehensive approaches, including relapse prevention and aftercare services. Mrs. Hammer's doctor concluded that the accident caused the mass to form. 4101 lb. In fact, her psychiatrist noted that she has returned to driving and also riding as a passenger in vehicles.5 Further, although plaintiff claims that she cannot engage in regular sexual relations with her husband, neither she nor her psychiatrist assert that her alleged sexual dysfunction is the result of her post-traumatic stress disorder. (Sec 160003) Declares: (1) the intent of the Congress in enacting specified provisions of the Federal criminal code regarding the definitions of "exhibition of the genitals or pubic area" and "sexually explicit conduct"; and (2) the sense of the Congress that DOJ, in filing its brief in United States v. Knox, did not accurately reflect congressional intent in arguing that the videotapes in that case constitute "lascivious exhibition of the genitals or pubic area" only if those body parts are visible in the tapes and the minors posed or acted lasciviously. The act authorizes the payments of cash incentives for employees who leave federal service voluntarily, either by retirement or resignation. 210602) Directs the Attorney General to make grants for States and units of local government to pay the costs of providing increased resources for courts, prosecutors, public defenders, and other criminal justice participants as necessary to meet the increased demands for judicial activities resulting from enactment of this Act. Specifies that such regulations shall not prohibit the disclosure of such addresses to State or Federal agencies for legitimate law enforcement or other governmental purposes. 20415) Amends the Internal Revenue Code to require every clerk of a Federal or State criminal court who receives more than $10,000 in cash as bail for any individual charged with a Federal criminal offense involving a controlled substance, racketeering, money laundering, and any substantially similar State criminal offense to make a return with respect to the receipt of such bail. Authorizes appropriations. Authorizes appropriations. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. (Sec. Authorizes the Secretary of HHS to provide nonrefundable lines of credit to community development corporations (CDCs) to establish, maintain, or expand revolving loan funds to finance projects to: (1) provide business and employment opportunities for low-income, unemployed, or underemployed individuals; and (2) improve the quality of life in urban and rural areas. (Sec. 20409) Amends the Federal criminal code to prohibit a Federal court from holding prison or jail crowding unconstitutional under the Eighth Amendment except to the extent that an individual plaintiff inmate proves that the crowding causes the infliction of cruel and unusual punishment of that inmate. GovTrack.us is not a government website. On October 27, 1994, at approximately 8:00 a.m., plaintiff, then age sixty-four, was crossing West Northfield Road in Livingston on foot when she was struck by a red fire chief station wagon operated by Fire Chief Dufford. (Sec. With the exception of the constitutional amendment for term limits, all parts of the Contract with America were passed by the House, under the leadership of the speaker of the House, Newt Gingrich. 110104) Directs the Attorney General to study and report to the Congress on the impact of this Act on violent and drug trafficking crime. 110305) Requires: (1) each licensee to report to the Secretary and the appropriate local authorities the theft or loss of a firearm from the licensee's inventory or collection within 48 hours after the theft or loss is discovered; (2) each licensee to respond immediately to, and in no event later than 24 hours after, the receipt of a request by the Secretary for information contained in required records that may be required to determine the disposition of one or more firearms in the course of a bona fide criminal investigation; (3) the Secretary to implement a system whereby the licensee can positively identify and establish that an individual requesting information via telephone is employed and authorized by the agency to request such information; and (4) the Secretary to notify the chief law enforcement officer in the appropriate State and local jurisdictions of the names and addresses of all persons in the State to whom a firearms license is issued. (Sec. (Sec. As a father of two young boys, who worked in a cotton mill, Dagenhart filed a claim against a U.S. attorney, Hammer. (Sec. Regrettably, he did not articulate his reasons for concluding that plaintiff had failed to demonstrate a prima facie case of permanent disfigurement that is substantial. Authorizes appropriations. For any other major source in a listed source category or subcategory, the section 112(j) deadline would be 18 months after the date of vacatur of a MACT regulation. Removes dollar limitations on various types of assaults. In short, plaintiff has failed to demonstrate by credible, objective medical evidence that her permanent psychological disorder is a substantial loss of a bodily function. 31116) Requires the Secretary to give priority in providing lines of credit to: (1) CDCs that propose to undertake economic development activities in distressed communities that target women, Native Americans, at-risk youth, farm workers, population-losing communities, very low-income communities, single mothers, veterans, and refugees or that expand employee ownership of private enterprises and small businesses; and (2) programs providing loans in limited amounts to very small business enterprises. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Instrumented hammers, combined with a Data Acquisition System and Software, provide a more complete representation of an impact than an individually-calculated value. Provides for a redistribution of withheld funds to other States, Indian tribal governments, or local governments. Chapter 3: Miscellaneous Provisions - Authorizes appropriations for: (1) the community economic partnership investment funds program; and (2) the emerging CDCs program. Your note is for you and will not be shared with anyone. Title XVIII: Rural Crime - Subtitle A: Drug Trafficking in Rural Areas - Amends the Omnibus Act to authorize appropriations, and increase the base allocation, for rural drug enforcement assistance. Subtitle U: Residential Substance Abuse Treatment for State Prisoners - Amends the Omnibus Act to authorize the Attorney General to make grants to States, for use by States and local government, for developing and implementing residential substance abuse treatment programs within State and local correctional facilities. (Sec. 59:9-2(d). With M.C. 350-620. Web1994,0408.410. Grants priority for such treatment based on an eligible prisoner's proximity to his or her release date. (Sec. Authorizes appropriations. Establishes penalties for persons required to register who knowingly fail to register and keep such registration current. In assessing the severity of the disfigurement, the Falcone court listed a number of objective factors the court should consider, namely its appearance, coloration, existence and size. Falcone, supra, 135 N.J.Super. In Collins, our Supreme Court held that an aggravating and intrusive assault that causes a victim to sustain a permanent psychological injury may be sufficient to qualify as a permanent loss of a bodily function under N.J.S.A. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. (Sec. As part of the Clean Air Act (CAA) Amendments of 1990, Congress established a list of source categories and subcategories for which U.S. EPA was tasked to develop new Maximum Achievable Control Technology (MACT) standards, and also created deadlines by which U.S. EPA was to have promulgated the new MACT standards. Authorizes appropriations. Subtitle O: Urban Recreation and At-Risk Youth - Amends the Urban Park and Recreation Recovery Act of 1978 to include among the purposes of such Act to improve recreation facilities and expand recreation services in urban areas with a high incidence of crime, to help deter crime through the expansion of recreation opportunities for at-risk youth, to increase the security of urban parks, and to promote collaboration between local agencies involved in parks and recreation, law enforcement, youth social services, and the juvenile justice system. Environmental, Social, and Governance (ESG), Reciprocating Internal Combustion Engines (RICE), Environmental, Health, And Safety Consulting Services. WebIn addition, the Act required EPA to adopt a rule pursuant to Section 112(j), also known as the "MACT Hammer," to establish a mechanism for states and local agencies to Updates? N.J.S.A. 40112) Directs the Sentencing Commission to review and promulgate amendments to the guidelines, if appropriate, to: (1) enhance penalties if more than one offender is involved in the offense; (2) reduce unwarranted disparities between the sentences for sex offenders who are known to the victim and sentences for sex offenders who are not known to the victim; (3) enhance penalties to render Federal penalties on Federal territory commensurate with penalties for similar offenses in the States; and (4) account for the general problem of recidiviism in sex offense cases, the severity of the offense, and its devastating effects on survivors. Directs the Attorney General to determine whether a ground for exclusion exists with respect to such a nonimmigrant. (Sec. (Sec. Although we could remand the matter to the motion judge to make the required findings, we have exercised our original jurisdiction to make our own independent determinations based on the record before us. The third, the "Federal 31504) Requires a local government, to be eligible for such grants, to: (1) amend its five-year action program to incorporate the goal of reducing crime and juvenile delinquency and to provide a description of the implementation strategies to achieve this goal; and (2) address how the local government is coordinating its recreation programs with crime prevention efforts of law enforcement, juvenile corrections, and youth social service agencies. Id. (Sec. (Sec. Subtitle C: Model Intensive Grant Programs - Authorizes the Attorney General to award grants to not more than 15 chronic high intensive crimes areas to develop comprehensive model crime prevention programs that: (1) involve and utilize a broad spectrum of community resources; (2) attempt to relieve conditions that encourage crime; and (3) provide meaningful and lasting alternatives to involvement in crime. (Sec. Directs the Administrative Office of the United States Courts to act as a clearinghouse for any reports and materials issued by gender bias task forces. 59:9-2(d) despite her subjective complaints of pain. (Sec. Calls on the President to convene a national summit on violence in America prior to convening the Commission. Authorizes the Attorney General to bring a civil action against such officers to eliminate such practices. 40506) Directs the Attorney General to provide for a national baseline study on campus sexual assault. 40607) Directs the SJI to: (1) conduct training programs for State and Indian tribal judges to ensure that a judge issuing an order in a stalking or domestic violence case has all available criminal history and other information, whether from State or Federal sources; and (2) recommend proposals regarding how State courts may increase intrastate communication between civil and criminal courts. Hammer of the Gods is a turn-based strategy game that recreates the world the way the Vikings experienced it. 59:9-2(d) of the Tort Claims Act governs claims for pain-and-suffering damages arising from personal injuries caused by public entities and their employees. Makes such provisions inapplicable to: (1) the transfer or possession of any SAW lawfully possessed on the date of this Act's enactment; (2) certain hunting and sporting firearms; (3) the United States, a State, or a political subdivision; (4) the transfer of a SAW by a licensed manufacturer, importer, or dealer to a government entity or to a law enforcement officer authorized to purchase firearms for official use; (5) the possession, by an individual who is retired from service with an LEA and not otherwise prohibited from receiving a firearm, of a SAW transferred to the individual by the agency upon such retirement; and (6) the manufacture, transfer, or possession of a firearm by a licensed manufacturer or importer for purposes of testing or experimentation authorized by the Secretary of the Treasury. (Sec. at 291, 639 A.2d 1120. There, we acknowledged with approval the Falcone court's observations that not every mark or scar will be compensable as a disfigurement. Id. Sets forth additional requirements, including assessments of the quality of current drug use measurement instruments and techniques and identification of specific factors that restrict the availability of treatment services. Sets forth provisions regarding eligibility, application requirements, use of grant monies, and related requirements. Learn more about FindLaws newsletters, including our terms of use and privacy policy. Authorizes appropriations. Makes an exception with respect to persons subject to the criminal jurisdiction of an Indian tribal government for any offense the Federal jurisdiction for which is predicated solely on, and which has occurred within the boundaries of, Indian country, unless the governing body of the tribe has elected that such provision have effect over land and persons subject to its criminal jurisdiction. Requires, provided certain conditions are met, that a protection order issued by the court of one State (or Indian tribe) be accorded full faith and credit by that of another State (or tribe). 90208) Terminates the Office on September 30, 1997. In doing so, he made no mention of the numerous surgeries plaintiff had undergone to repair her face, leg and elbow. at 420, 696 A.2d 625, provided the loss is substantial and the claimant has met the $1,000 medical expense requirement, see id. (Sec. Authorizes appropriations. (Sec. 523, 526, 610 A.2d 878 (App.Div.1992)) (observing that [i]n some respects the threshold issue in actions against public entities is similar to the verbal-threshold issue in no-fault cases.). In such a case, it is not the judge's function to weigh the evidence and determine the truth of the matter but only to determine whether there is such a dispute. (Sec. 40152) Requires the Attorney General to establish criteria and develop training programs to assist probation and parole officers and other personnel who work with released sex offenders in the areas of case management, supervision, and relapse prevention. The section 112(j) standards are also known as the MACT hammer requirements. Last updated Oct 11, 2018. Genre Strategy/Tactics Pacing Turn-based Perspective Side view Setting Fantasy. Feb 21, 2023. States, such as Pennsylvania, have called for some sources to submit applications that meet the 112(j) requirements. Subtitle D: Equal Justice for Women in the Courts Act - Equal justice for Women in the Courts Act of 1994 - Chapter 1: Education and Training for Judges and Court Personnel in State Courts - Authorizes the State Justice Institute (SJI) to make grants for model programs to be used by States in training judges and court personnel in State laws, and by Indian tribes in training tribal judges and court personnel in tribal laws, governing rape, sexual assault, domestic violence, and other crimes of violence motivated by the victim's gender. In this New Jersey Tort Claims Act case, N.J.S.A. Id. Requires the results to be communicated to the victim and the defendant accompained by appropriate counseling. Subtitle F: Other State and Local Aid - Reauthorizes Office of Justice programs under the Omnibus Act. Specifically, the story follows Evdokia Kuznetsova, a female inmate of the Stalinist gulag who is handed over to. Sets forth provisions regarding: (1) the release of information; (2) immunity for good faith conduct; and (3) compliance by States with provisions of this title and ineligibility for a percentage of funds provided under the Omnibus Act for States not in compliance. Subtitle D: Police Pattern or Practice - Prohibits any governmental authority, or any agent or person acting on behalf of such authority, from engaging in a pattern or practice of conduct by law enforcement officers that deprives persons of their constitutional or Federal rights. Authorizes appropriations. Plaintiff was taken to Morristown Memorial Hospital where she underwent immediate surgeries to repair a severe laceration of her left knee that had penetrated into the knee joint; a soft tissue laceration of the left elbow involving the olecranon bursa; a laceration of the iliotibial band, vastus lateralis muscle and suprapatellar bursa; and numerous facial lacerations, including a one-centimeter laceration near the tear duct of plaintiff's right eye, a 0.5-centimeter laceration over the bridge of her nose, and a laceration of the lower lip approximately three centimeters long. Authorizes appropriations. Description. Sets forth provisions regarding procedures and requirements for declaration of an emergency, irrelevancy of population density in determining whether an emergency exist, and forms and duration of Federal assistance. Join 10 million other Americans using GovTrack to learn about and contact your representative and senators and track what Congress is doing each day. In November 1994, Dr. D'Agostini observed plaintiff had excellent motion and gait, while Dr. Tillis noted in April 1996 that plaintiff walked with a moderately antalgic gait.3 X-rays were negative as reflecting any objective basis for plaintiff's right-sided complaints.
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