Sets forth provisions regarding: (1) circumstances in which there is more than one offender or more than one victim; (2) payment schedules; (3) setoffs; (4) the effect on other sources of compensation; (4) conditions of probation or supervised release; (5) proof of claim; (6) modification of orders; and (7) reference of issues arising in connection with a proposed restitution order to a magistrate or special master. 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. (Sec. On February 6, 1998, the motion judge rendered the following brief opinion from the bench: After reviewing the moving papers, as well as the opposing papers and the arguments of counsel, this Court is of the view that-first of all, that the scarring does not constitute permanent disfigurement that is substantial. Subtitle D: Miscellaneous Provisions - Prohibits applying favoritism in designating the place of imprisonment or in making transfers for prisoners of high social or economic status. 40293) Requires the Secretary of HHS to study and recommend health care strategies for reducing the incidence of injuries nationwide resulting from domestic violence and the cost of injuries to health care facilities. (Sec. When we over rely on our strengths, the cognitive bias that we are displaying is called the law of the instrument (a.k.a., the law of the hammer). All rights reserved. 98-1133) Hazardous and Solid Waste Amendments of 1984 - Amends the Solid Waste Disposal Act (as amended by the Resource Conservation and Recovery Act of 1976) to authorize appropriations for FY 1985 through 1988 for: (1) general (Sec. (Sec. Sets the Federal share at 50 percent Authorizes appropriations. SAGE Knowledge. (Sec. The Pennsylvania Department of Environmental Protection (PADEP) recently requested that all facilities previously subject to the Boiler MACT submit 112(j) applications. 31122) Authorizes the Secretary to award grants to emerging CDCs to enable them to establish, maintain, or expand revolving loan funds, to make or guarantee loans, or to make capital investments in new or expanding local businesses. Your note is for you and will not be shared with anyone. 59:9-2(d), to permit her to recover against a public entity or its employee. Subtitle B: Law Enforcement Family Support - Amends the Omnibus Act to: (1) require the Attorney General to establish and oversee the implementation of family-friendly policies in law enforcement divisions of DOJ, to identify model programs that provide support to law enforcement families, and to provide technical assistance for stress reduction and family support efforts by State and local LEAs; and (2) authorize the Attorney General to make grants to States and local LEAs and organizations representing State or local law enforcement personnel to provide family support services to law enforcement personnel. Authorizes appropriations. 20406) Requires the Director of the National Institute of Corrections to establish a task force on prison construction standardization techniques and cost-cutting new building materials and technologies. As proposed, the requirements of 112(j) would apply to major sources that include, as of the section 112(j) deadline, one or more sources in a category or subcategory for which there is no section 112(d) emission standard in place on or after the section 112(j) deadline. For those sources that were previously subject to one of the vacated MACT regulations, the section 112(j) deadline would be 90 days after the promulgation date in the Federal Register, or the date by which the sources permitting authority has requested in writing a section 112(j) permit application. Authorizes appropriations. (Sec. (Sec. to bait violent anti-democratic conspiracy theories or to engage in anti-semitism. Subtitle C: Audit and Report - Directs the Attorney General to: (1) require State and local LEAs to annually audit and detail the uses and expenses to which forfeiture funds were dedicated and the amount used for each use or expense; and (2) report to the Congress on the administrative and contracting expenses paid from the DOJ Assets Forfeiture Fund. Sets forth further provisions regarding the control of drug-related resources, funds control notices, and certification of the adequacy of the budget request. (Sec. Directs the Attorney General to: (1) issue regulations and guidelines to ensure that such programs do not permit participation by violent offenders; and (2) immediately suspend funding for any such grant, pending compliance, if the Attorney General finds that violent offenders are participating. Plaintiff maintains that since the accident she cannot walk with or lift her grandchildren, she cannot swim anymore except for the breaststroke, and she can no longer dance or play tennis. Your note is for you and will not be shared with anyone. (Sec. The tool and VDCS must be operated and maintained in accordance with manufacturers instructions to minimize dust emissions. WebThe hammer energy determines the velocity of the impact tests according to ISO, ASTM and equivalent standards. Encyclopedia of Counseling. Provides for the deportation of an alien provided lawful permanent resident status who is convicted of a crime involving moral turpitude committed within ten years after the date of entry. Pendulum hammers can be un-instrumented or instrumented. Subtitle C: Sense of Congress Regarding Funding for Rural Areas - Expresses the sense of the Congress that: (1) the Attorney General should ensure that funding for programs authorized pursuant to this Act is distributed in such a manner that rural areas continue to receive comparable support for their broad-based crime fighting initiatives; (2) rural communities should not receive less funding than they received in FY 1994 for anti-crime initiatives as a result of any legislative or administrative actions; and (3) funding for the Edward Byrne Memorial State and Local Law Enforcement Assistance Program should be maintained at its FY 1994 level. 59:9-2 Task Force Comment. Directs the Attorney General to ensure that the Bureau of Prisons has in effect an optional General Educational Development (GED) program for inmates who have not earned a high school diploma or its equivalent (but permits exemptions to the GED requirement as deemed appropriate by the Director of the Bureau). Permits sentence reductions of up to a year for a prisoner's successful completion of a residential substance abuse treatment program in the case of a prisoner convicted of a nonviolent offense Sets forth reporting requirements. The Act banned the sale of goods that were made by children under the age of 14, in interstate commerce. 230203) Allows up to five percent of a victim compensation or assistance program grant to be used for administrative costs. Sets forth provisions regarding: (1) concurrent and pendent jurisdiction; and (2) limitations on removal. Subtitle C: Missing and Exploited Children - Morgan P. Hardiman Task Force on Missing and Exploited Children Act - Amends the Juvenile Justice and Delinquency Prevention Act of 1974 to establish a Missing and Exploited Children's Task Force to make available the combined resources and expertise of the FBI, Secret Service, Bureau of Alcohol, Tobacco, and Firearms (BATF), U.S. Customs, Postal Inspection, and Marshals Services, and the Drug Enforcement Administration (DEA) to assist State and local governments in the most difficult missing and exploited child cases nationwide, as identified by the chief of the Task Force periodically, and as many additional cases as resources permit. Defendants concede that once plaintiff demonstrates a prima facie case of either a permanent loss of a bodily function or a permanent disfigurement that is substantial, then the limitation on the recovery of pain-and-suffering damages under N.J.S.A. Existing regulations require a Part 1 application to be submitted 30 days following U.S. EPAs failure to promulgate a rule, with the Part 2 application due 60 days after the Part 1 application is due. Subtitle B: Law Enforcement Scholarship Program - Law Enforcement Scholarships and Recruitment Act - Requires the Director to provide scholarships for in-service law enforcement personnel who seek further education, allotting 80 percent of funds based on the relative number of law enforcement officers per State and 20 percent based on the relative shortage of officers. (Sec. 150003) Amends the Omnibus Act to include among permissible uses of drug control and system improvement grants law enforcement and prevention programs relating to gangs, or to youth who are involved or at risk of involvement in gangs. Title XIV: Youth Violence - Amends the Federal criminal code to provide for the prosecution as adults of juveniles age 13 or older for specified crimes of violence and crimes where the juvenile possessed a firearm during the offense. Directs the Secretary to award skill enhancement grants and operating grants to CDCs. 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. Subtitle B: Local Crime Prevention Block Grant Program - Directs the Attorney General to make specified payments to qualifying local governments for purposes including: (1) education, training, research, prevention, diversion, treatment, and rehabilitation programs to prevent juvenile violence, juvenile gangs, and the use and sale of illegal drugs by juveniles; (2) programs to prevent crimes against the elderly based on the concepts of the Triad model; (3) programs that prevent young children from becoming gang involved; (4) saturation jobs programs that provide employment opportunities leading to permanent unsubsidized employment for disadvantaged young adults age 16 through 25; and (5) midnight sports league programs that require each player to attend employment counseling, job training, and other education classes. Subtitle D: Family and Community Endeavor Schools Grant Program - Community Schools Youth Services and Supervision Grant Program Act of 1994 - Directs the Secretary of Health and Human Services (HHS) to allocate specified sums to community-based organizations in States and in Indian country to provide children in the eligible community with services and activities that include supervised sports and extracurricular and academic programs offered after school and on weekends and holidays during the school year and as daily full-day programs or as part-day programs during the summer months. But in 1994, according to The Washington Post, Michael turned the Hammer Museum over to the UCLA art department. Sets forth provisions regarding: (1) State application requirements (including substance abuse testing, aftercare, coordination of Federal assistance, and duties of a State office); (2) review of State applications; (3) allocation and distribution of funds; and (4) evaluation. (Sec. 40304) Expresses the sense of the Senate that news media, law enforcement officers, and other persons should exercise restraint and respect a rape victim's privacy by not disclosing the victim's identity to the general public or facilitating such disclosure without the victim's consent. This novel explores professionalism and extreme courage in impossible situations, while asking tough questions about how leaders can hope to function amid destruction and chaos. 40609) Directs the Attorney General to: (1) compile data regarding domestic violence and intimidation (including stalking) as part of the National Incident-Based Reporting System; and (2) report annually to the Congress concerning stalking and domestic violence. (Sec. Sets forth provisions regarding: (1) the showing by the victim required to obtain such an order; (2) follow-up testing; (3) termination of testing requirements; and (4) confidentiality, disclosure of test results, and contempt for disclosure. Susan HAMMER and Alan Hammer, her husband, Plaintiffs-Appellants, v. TOWNSHIP OF LIVINGSTON and Craig D. Dufford, Defendants-Respondents. In the absence of any guidance, some. Authorizes appropriations. (Sec 40132) Authorizes appropriations out of the Violent Crime Reduction Trust Fund for the Secretary of the Interior to take actions to reduce the incidence of violent crime in the National Park System. (Sec. Sets forth reporting requirements. (Sec. 280003) Directs the Sentencing Commission to provide sentencing enhancements for hate crimes. 4745 J. Nor did he mention Dr. D'Agostini's opinion that plaintiff would have a permanent disfiguring scar on her knee, or comment on its appearance or its size. We hope to enable educators to build lesson plans centered around any bill or vote in Congress, even those as recent as yesterday. 60025) Makes an exception to the requirement that the court furnish to a defendant a list of the veniremen and witnesses if the court finds by a preponderance of the evidence that providing the list may jeopardize the life or safety of any person. 59:9-2(d). (Sec. 320926) Amends the Hate Crime Statistics Act to require the Attorney General to acquire data about crimes that manifest evidence of prejudice based on disability. Sets forth provisions regarding: (1) grant eligibility; (2) application requirements; (3) peer review; (4) investigations and inspections; (5) the Federal share; and (6) evaluation. 40507) Directs the Attorney General and the Secretary of HHS to report to specified congressional committees on the medical and psychological basis of "battered women's syndrome" and the extent to which evidence of such syndrome has been considered in criminal trials. (Sec. at 145, 342 A.2d 875. To withstand a motion for summary judgment, the non-moving party need only present competent evidential materials [which], when viewed in the light most favorable to [that] party, are sufficient to permit a rational factfinder to resolve the alleged disputed issue in [that party's] favor Brill, supra, 142 N.J. at 540, 666 A.2d 146. Here, at the very least, the record raises a factual dispute concerning plaintiff's claim that her scars constitute permanent and substantial disfigurements. 320915) Expresses the sense of the Senate that law enforcement personnel should not be reduced. at 152, 342 A.2d 875. In Puso, we expanded these factors to include the shape, characteristics of surrounding skin, the remnants of the healing process and any other factors that might be develop[ed] as being cosmetically important on a case-by-case basis. Puso, supra, 272 N.J.Super. Sets penalties for the killing and attempted killing of such individuals. (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. Makes exceptions in a criminal case, if otherwise admissible under the FRE, for evidence: (1) of specific instances of sexual behavior by the alleged victim offered to prove that a person other than the accused was the source of semen, injury, or other physical evidence; (2) of specific instances of sexual behavior by the alleged victim with respect to the person accused of the sexual misconduct offered by the accused to prove consent or by the prosecution; and (3) the exclusion of which would violate the defendant's constitutional rights. Authorizes the Attorney General to request any Federal agency to use its authorities and resources in support of State, tribal, and local assistance efforts. (Sec. (Sec. Please sign up for our advisory group to be a part of making GovTrack a better tool for what you do. 150005) Specifies that grants authorized in this Act to reduce or prevent juvenile drug and gang-related activity in "public housing" may be used for such purposes in Federally assisted, low-income housing. 210603) Makes sums in the Violent Crime Reduction Trust Fund available to fund activities authorized by the Brady Handgun Violence Prevention Act and the National Child Protection Act of 1993. While every effort has been made to follow citation style rules, there may be some discrepancies. Requires the Secretary to direct the chief official responsible for law enforcement within the System to compile a list of areas within the System with the highest rates of violent crime, make recommendations concerning capital improvements and other measures needed to reduce such rates, and publish the information in the Federal Register. By joining our advisory group, you can help us make GovTrack more useful and engaging to young voters like you. Sets forth provisions regarding: (1) additional authorized grant projects (such as providing specialized training to officers to enhance their conflict resolution, mediation, and other skills and developing new technologies to assist State and local LEAs in reorienting the emphasis of their activities from reacting to crime to preventing crime); (2) preferential consideration of applications for certain grants; (3) technical assistance; (4) matching fund requirements; (5) application requirements (including providing a long-term strategy and detailed implementation plan and demonstrating a specific public safety need); (6) grant renewal; (7) limitation on the use of funds; (8) performance evaluation; (9) revocation or suspension of funding; and (10) access by the Attorney General and Comptroller General for audits and examinations. Sets penalties for assault resulting in substantial bodily injury. Directs the Attorney General, in making grants, to give consideration to the special burden placed on States which incarcerate a substantial number of inmates who are in the United States illegally. WebThis bill, signed in March 1994, also raised the number of positions to be reduced over 5 years from the 252,000 recommended by NPR to 272,900. 280004) Authorizes the sentencing of a defendant who has been found guilty of an offense to a term of probation unless the offense is a Class A or Class B felony and the defendant is an individual, the offense is an offense for which probation has been expressly precluded, or the defendant is sentenced at the same time to term of imprisonment for the same or a different offense (current law) that is not a petty offense. Other parts of the Act provided for a greatly expanded federal death penalty, new classes of individuals banned from possessing firearms, and a variety of new crimes defined in statutes relating to immigration law, hate crimes, sex crimes, and gang-related crime. (Sec 120004) Directs the Sentencing Commission to amend its sentencing guidelines to provide an appropriate enhancement for any felony, whether committed within or outside the United States, that involves or is intended to promote international terrorism, unless such involvement or intent is itself an element of the crime. 150002) Provides for adult prosecution of serious juvenile offenders. WebBrief Synopsis. 59:9-2(d)). 3.Antalgic means [a]cting to allay or prevent pain. J.E. Directs the Sentencing Commission to promulgate guidelines, or amend existing guidelines, to provide an appropriate enhancement of punishment for a defendant convicted of engaging in such activity. (Sec. 40414) Authorizes appropriations. 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. 137, 342 A.2d 875 (Law Div.1975). 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. Copyright 2023, Thomson Reuters. Facilities with operations affected by the MACT hammer were required to submit permit applications beginning 18 months after such deadlines passed. Makes exceptions in a civil case for evidence offered to prove the sexual behavior or sexual predisposition of any alleged victim if it is otherwise admissible under the FRE and its probative value substantially outweighs the danger of harm to any victim and of unfair prejudice to any party. They write new content and verify and edit content received from contributors. 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. Young Americans have historically been the least involved in politics, despite the huge consequences policies can have on them. 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. 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. See Brill, supra, 142 N.J. at 540, 666 A.2d 146. It is only when the evidence is so one-sided that a judge may decide that one party should prevail as a matter of law. Freedom of Religion newspaper headline on a copy of the US Constitution with gavel. (Sec. Compensability depends on the severity of the disfigurement. We infer from the record that the motion judge reviewed the recent photographs of plaintiff's scars and considered the relevant legal principles we have discussed. On January 5, 1995, Dr. D'Agostini examined plaintiff's right elbow and reported no swelling, no tenderness and a full and painless range of motion and good strength, concluding that from his perspective, nothing [was] wrong. In April 1996, Dr. Tillis diagnosed post-traumatic tendinitis in plaintiff's right shoulder and ankle. 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. One of the most noted sections was the Federal Assault Weapons Ban. We hold, however, that, in addition, under the Tort Claims Act, a disfigurement must be substantial to satisfy its verbal threshold requirement, N.J.S.A. 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. Sets forth provisions regarding: (1) information required to be reported; (2) defrayment of costs to volunteers of conducting background checks; (3) fees; (4) costs of the FBI; (5) report and implementation deadlines; and (6) the definitions of "identifiable child abuse crime case" and "individuals with disabilities." at 145, 342 A.2d 875 (quoting Superior Mining Co. v. Industrial Comm'n, 309 Ill. 339, 141 N.E. Not consenting or withdrawing consent, may adversely affect certain features and functions. Product Description. (Sec. Title XVI: Child Pornography - Amends the Federal criminal code to set penalties for international trafficking in child pornography. The Violent Crime Control and Law Enforcement Act of 1994. Plaintiff's complaints of pain in her right shoulder and right ankle were also unsupported by objective medical evidence that either condition constituted the permanent loss of a bodily function that is substantial. Instrumented hammers, combined with a Data Acquisition System and Software, provide a more complete representation of an impact than an individually-calculated value. In addition, plaintiff sustained fractures of both nasal bones, a non-displaced fracture at the top of her left fibula, and an avulsion fracture of her left olecranon bone (i.e., elbow) requiring removal of the displaced bone fragment. 200109) Sets forth provisions regarding: (1) swearing in, discipline, and layoffs; (2) State plan requirements; and (3) assistance to States and localities employing Police Corps officers. Chapter 4: New Evidentiary Rules - Specifies that the proposed amendments to the Federal Rules of Evidence (FRE) that are embraced by an order entered by the U.S. Supreme Court on April 29, 1994, shall take effect on December 1, 1994, as amended by the following. 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.
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