(Sec. (Sec 40114) Authorizes appropriations. We love educating Americans about how their government works too! The Act was intended to re-establish the Legislature's overriding philosophy that immunity for public entities is the general rule and liability is the exception. 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 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. Compensability depends on the severity of the disfigurement. 31505) Authorizes appropriations. (Sec. Directs the Attorney General to: (1) evaluate existing and proposed juvenile handgun legislation in each State; (2) develop model juvenile handgun legislation that is constitutional and enforceable; (3) disseminate to State authorities the findings of the evaluation; and (4) report to the Congress findings and recommendations concerning the need or appropriateness of further Federal action. (Sec. Prohibits persons convicted of criminal felonies involving dishonesty or breach of trust from engaging in the insurance business without the written consent of an insurance regulatory official authorized to regulate the insurer. Chapter 7: Family Violence Prevention and Services Act Amendments - Amends the FVPSA to require: (1) grant applications to include a plan to address the needs of underserved populations; and (2) upon completion of the activities funded by a grant, the State grantee to file a performance report explaining the activities carried out and an assessment of the effectiveness of those activities Provides for the suspension of funding for an approved application of a grantee which fails to submit an annual performance report or if the funds are expended for unauthorized purposes. N.J.S.A. Subtitle T: Substance Abuse Treatment in Federal Prisons - Amends the Federal criminal code to direct the Bureau of Prisons to provide residential substance abuse treatment (and make arrangements for appropriate aftercare) for: (1) not less than 50 percent of eligible prisoners by the end of FY 1995; (2) not less than 75 percent by the end of FY 1996; and (3) all eligible prisoners by the end of FY 1997 and thereafter. Puso, supra, 272 N.J.Super. (Sec. Directs the Attorney General, in acting on applications under this subtitle, to consider any credible relevant evidence. Title VII: Mandatory Life Imprisonment for Persons Convicted of Certain Felonies - Requires that a person convicted in a court of the United States of a serious violent felony be sentenced to life imprisonment if: (1) the person has been convicted on separate prior occasions in a Federal or State court of two or more serious violent felonies, or of one or more serious violent felonies and one or more serious drug offenses; and (2) each serious violent felony or serious drug offense used as a basis for sentencing under such provision, other than the first, was committed after the defendant's conviction of the preceding serious violent felony or serious drug offense. Lists qualification requirements for payment (including that the government will establish a trust fund, use amounts in the trust fund during a reasonable period, and use specified accounting, audit, and fiscal procedures). Chapter 1: Grants to States - Authorizes the Attorney General to make grants to States to carry out such projects, giving preference to States providing assurances such as that the State: (1) corrections and health and human services agencies will participate and cooperate closely in the development and operation of the project; (2) has a policy that provides for the placement of prisoners in correctional facilities for which they qualify that are located closest to their family homes, and (3) will follow specified guidelines in selecting prisoners to participate. hammer (Sec. 31133) Prohibits funds authorized under this Act from being used to finance the construction of housing. 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." Subtitle E: Gambling - Specifies that the term "gambling ship, "for purpose of the prohibition under the Federal criminal code against such ships in international waters, does not include a vessel with gambling aboard beyond U.S. territorial waters during a covered voyage (as defined in the Internal Revenue Code as in effect on January 1, 1994). Authorizes the Attorney General to bring a civil action against such officers to eliminate such practices. (Sec. Subtitle C: Civil Rights for Women - Civil Rights Remedies for Gender-Motivated Violence Act - Declares that all persons within the United States shall have the right to be free from crimes of violence motivated by gender. 320104) Increases penalties for: (1) trafficking in counterfeit goods and services; (2) conspiracy to commit murder for hire; (3) arson; and (4) drug trafficking near public housing. (Sec. One interpretation is that the section 112(j) case-by-case MACT requirements do not apply to the previously affected sources since U.S. EPA had originally met its obligation to promulgate a MACT standard by the deadline set by Congress. (Sec. 40703) Waives the current seven-year residence requirement to apply for suspension of deportation. Sets forth provisions regarding: (1) limits on the use of funds (including a prohibition on using funds to provide sectarian worship or instruction); (2) application requirements; (3) eligibility of participants; and (4) the Federal share of funding. Directs the Secretary to award skill enhancement grants and operating grants to CDCs. Authorizes the enforcement of an order of restitution by a victim named in the order to receive restitution in the same manner as provided a judgment in a civil action. Authorizes appropriations. 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. 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. Superior Court of New Jersey, Appellate Division. (Sec. Specifies that an applicant is not entitled to employment authorization except as provided by regulation in the discretion of the Attorney General. Subtitle X: Gang Resistance Education and Training - Directs the Secretary of the Treasury to establish not less than 50 additional Gang Resistance Education and Training projects to be located in communities across the country. Sets forth provisions regarding transfers into the Fund, reporting requirements, allocation of amounts in the Fund, and sequestration (to eliminate any budgetary excess in the Fund after the Congress adjourns to end a session). WebContract with America, a document signed Sept. 27, 1994, on the Capitol steps in Washington, D.C., by members of the Republican minority before the Republican Party (Sec. Young Americans have historically been the least involved in politics, despite the huge consequences policies can have on them. 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. Authorizes appropriations. Sponsored by Representative Jack Brooks of Texas, the bill was originally written by Senator Joe Biden of Delaware and then was passed by Congress and signed into law by President Bill Clinton. 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. Requires that a determination that a person is or is not a sexually violent predator be made by the sentencing court after receiving a report by a State board composed of experts in the field of the behavior and treatment of sexual offenders. Building on Falcone, in Puso v. Kenyon, 272 N.J.Super. Sets penalties for violations and for use or possession of such a weapon during a crime of violence or drug trafficking crime. 270003) Sets forth provisions regarding: (1) the purposes and responsibilities of the Commission; (2) administrative matters; (3) staff and support services; (4) powers; (5) reporting requirements; and (6) termination. Directs each local entity that receives funds to develop or expand programs that are designed to improve academic and social development by instituting a collaborative structure that trains and coordinates the efforts of teachers, administrators, social workers, guidance counselors, parents, and school volunteers to provide concurrent social services for at-risk students at selected public schools in eligible communities. 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. 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. Subtitle B: Assaults Against Children - Increases penalties for simple assault. (Sec. Subtitle B: Punishment for Young Offenders - Authorizes the Attorney General to make grants to States for the purpose of developing alternatives to traditional forms of incarceration and probation for punishment of young offenders. (Sec. The Law of the Hammer | Melissa Gratias Sets forth provisions regarding the amount and allocation of assistance Authorizes appropriations. Title II: Prisons - Subtitle A: Violent Offender Incarceration and Truth in Sentencing Incentive Grants - Authorizes the Attorney General to make grants to individual States and to States organized as multi-State compacts to develop, expand, modify, operate, or improve correctional facilities and programs, including boot camp facilities and programs and other alternative confinement facilities and programs, to free conventional prison space for violent offenders. Authorizes appropriations. Chapter 9: Data and Research - Directs the Attorney General to request the National Academy of Sciences (NAS): (1) through its National Research Council, to enter into a contract to develop a research agenda to increase the understanding and control of violence against women, including rape and domestic violence; and (2) in furtherance of the contract, to convene a panel of nationally recognized experts on such violence. Requires the Attorney General to ensure that such undocumented criminal aliens are held in Federal facilities which provide a level of security appropriate to their crimes. Amends Rule 32 to give victims of violent crimes and sexual abuse the right to address the court concerning the sentence to be imposed on convicted offenders. The section 112(j) standards are also known as the MACT hammer requirements. Hammer We hope to enable educators to build lesson plans centered around any bill or vote in Congress, even those as recent as yesterday. WebSenator Hammer has sponsored bills helping rural fire departments and the state Forestry Commission. Title IV: Violence Against Women - Violence Against Women Act of 1994 - Subtitle A: Safe Streets for Women - Safe Streets for Women Act of 1994 - Chapter 1: Federal Penalties for Sex Crimes - Amends the Federal criminal code to: (1) authorize judges to increase sentences for repeat sex offenders to up to twice that otherwise authorized by statute; and (2) require the U.S. 5.Plaintiff disputed this in her deposition on September 17, 1996. 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. Hammer dances against a Provides for mandatory revocation for possession of a controlled substance or firearm in violation of a condition of such release or for refusal to comply with drug testing. 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. There, the Court held that in order to recover under the Tort Claims Act a claimant must sustain a permanent loss of the use of a bodily function that is substantial. Brooks, supra, 150 N.J. at 406, 696 A.2d 619 (emphasis added). Title XIII: Criminal Aliens and Immigration Enforcement - Amends the INA to enhance penalties for failing to depart, or reentering, the United States after a final order of deportation. (Sec. Authorizes appropriations. Sets penalties for violations. 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. Sets limits on grants for equipment, technology and support systems. 110103) Prohibits the transfer or possession of a large capacity ammunition feeding device, with exceptions. Moreover, the record does not reflect that plaintiff is prevented by her disorder from carrying out her ordinary day-to-day functions or that she cannot live a normal life. (Sec. 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. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Additionally, both of her treating orthopedists confirmed that her lacerations have healed nicely. 320607) Sets forth provisions regarding: (1) the addition of specified predicate offenses to the financial institutions rewards statute; (2) the definition of "savings and loan association" for purposes of bank robbery and related offenses; and (3) the definition of "one year period" for purposes of the offense of obstructing a Federal audit. 4.Plaintiff contends that the fracture of her nasal bones caused her nose to swell and appear wider and that the swelling makes her right nostril look different from her left one. 40156) Amends: (1) the Victims of Child Abuse Act of 1990 to authorize appropriations, including for child abuse training programs for judicial personnel and practitioners; and (2) the Omnibus Act to authorize appropriations for grants for closed-circuit televising of testimony of children who are victims of abuse. (Sec. Mrs. Hammer's doctor concluded that the accident caused the mass to form. 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. U.S. EPA is also proposing to remove some existing 112(j) requirements that are obsolete. From the 1950s when they pumped Technicolor blood into old monsters like Frankenstein and Dracula, to today's chillers like 'Let The Right 20403) Amends the Federal criminal code to direct the court, in determining a fine, to consider the expected costs to the Government of any imprisonment, supervised release, or probation sentence that is ordered. 130003) Authorizes the Attorney General to grant a nonimmigrant visa to an alien (and, as appropriate, specified relatives of the alien) who possess critical information about a criminal organization whose presence in the United States is essential to the success of an investigation or prosecution of an individual involved in such organization, or who the Secretary of State and the Attorney General jointly determine is in possession of critical information concerning a terrorist organization, subject to specified requirements. Mr Lawes, was looking for this hammer, which had been lost. (Sec. Subtitle H: Police Recruitment - Authorizes the Attorney General to make grants to qualified community organizations to assist in meeting the costs of qualified programs designed to recruit and retain applicants to police departments. 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 comment to N.J.S.A. Includes the provision of technical assistance and training to State domestic violence coalitions among the areas in which special issue resource centers shall specialize. (Sec. Removes dollar limitations on various types of assaults. (Sec. 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)]. Although U.S. EPA has promulgated MACT standards for all of the source categories mandated by Congress, the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Kyle B. Swaney. Plaintiff Alan Hammer, Susan's husband, asserted a per quod claim. 59:1-1 to-12-3 (the Tort Claims Act), plaintiffs Susan Hammer and Alan Hammer 1 appeal from a dismissal of 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. (Sec. (Sec. 3.Antalgic means [a]cting to allay or prevent pain. J.E. 1994. Were looking to learn more about who uses GovTrack and what features you find helpful or think could be improved. GovTrack.us is not a government website. 110503) Prohibits and sets penalties for: (1) smuggling firearms in aid of drug trafficking; (2) theft of firearms and explosives; (3) the transfer of firearms to a nonresident of a State, except for lawful sporting purposes; (4) the distribution of explosives to a person who is legally disqualified from having the explosives; and (5) conspiracies to commit firearms and explosives crimes. (Sec. 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. Let us know if you have suggestions to improve this article (requires login). (Sec. 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. 60024) Enhances penalties for alien smuggling. 165, 166 (Ill.1923), an out-of-state workers' compensation case). Sets penalties for the killing and attempted killing of such individuals. 59:9-2(d) despite her subjective complaints of pain. Authorizes appropriations. Authorizes reimbursement of the victim for lost income and necessary child care, transportation, and other expenses related to participation in the investigation or prosecution of, or attendance at proceedings related to, the offense. Similar to the above hammer clause, 50/50 is an indication that the insured 310003) Extends the authorization of appropriations for fiscal years for which the full amount authorized is not appropriated. One of the most noted sections was the Federal Assault Weapons Ban. 59:1-1 to-12-3 (the Tort Claims Act), plaintiffs Susan Hammer and Alan Hammer1 appeal from a dismissal of their complaint following a successful motion for summary judgment by defendants Township of Livingston and Craig D. Dufford, the Chief of the Livingston Fire Department. Show details Hide details. 110506) Provides for mandatory revocation of probation for possession of a controlled substance or firearm in violation of a condition of such probation, or for refusal to comply with drug testing. 130007) Authorizes the Attorney General to: (1) expand a program authorized by the INA to ensure that aliens convicted of aggravated felonies or offenses which make them eligible for deportation are immediately deportable upon their release from incarceration; and (2) construct or contract for the construction of two INS Processing Centers to detain criminal aliens and provide for their detention and removal. (Sec. 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. Title XXXII: Miscellaneous - Subtitle A: Increases in Penalties - Increases penalties for assault: (1) of Federal officers, foreign officials, and official guests and internationally protected persons; (2) within a maritime and territorial jurisdiction; and (3) of the President, presidential staff, congressional leaders, cabinet officials, and Supreme Court justices. (Sec. (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. (Sec. (Sec. (Sec. The act authorizes the payments of cash incentives for employees who leave federal service voluntarily, either by retirement or resignation. The Violent Crime Control and Law Enforcement Act of 1994. Sets forth provisions regarding: (1) supervised release following revocation; and (2) delayed revocation. 4745 J. (Sec. Sets forth provisions regarding: (1) State and local application requirement; (2) allocation and distribution of funds; and (3) evaluation. U.S. EPA believes that 90 days is more than enough time for these sources since they have had over 18 months to consider submission of a case-by-case application since the aforementioned MACT rules were vacated. Hammer 59:9-2(d). Indeed, plaintiff concedes that her left fibula and left olecranon have healed completely, and she claims no loss of bodily function from her fractured nasal bones. Permits such an entity to develop a variety of programs to serve the comprehensive needs of students, including homework assistance and after-school programs, nutrition services, mentoring programs, family counseling, and parental training programs. (Sec. 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. 90204) Requires the Director of: (1) National Drug Control Policy to examine addiction and rehabilitation research and the application of technology to expanding the effectiveness or availability of drug treatment; and (2) the Advanced Research Project Agency to render assistance and support to the Office and its Director.