Title VIII: Applicability of Mandatory Minimum Penalties in Certain Cases - Amends the Federal criminal code to require the court to impose a sentencing for specified drug-related offenses pursuant to Sentencing Commission guidelines and without regard to any statutory minimum sentence, if the court finds, after the Government has been afforded the opportunity to make recommendation, that: (1) the defendant does not have more than one criminal history point and did not use violence or credible threats of violence or possess a firearm or other dangerous weapon (or induce another participant to do so) in connection with the offense; (2) the offense did to result in death or serious bodily injury to any person; (3) the defendant was not an organizer, leader, manager, or supervisor of others in the offense and was not engaged in a continuing criminal enterprise; and (4) the defendant has truthfully provided to the Government all information and evidence the defendant has concerning the offense (but the fact that the defendant has no relevant or useful other information to provide or that Government is already aware of the information shall not preclude a determination by the court that the defendant has complied with this requirement). 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. On March 30, 2010, U.S. EPA proposed to amend the 40 CFR Part 63, Subpart B rules governing case-by-case emission limits for major sources of hazardous air pollutants (HAP). Your note is for you and will not be shared with anyone. 59:9-2(d), the totality of plaintiff's injuries may constitute sufficiently aggravated circumstances to justify the recovery of pain-and-suffering damages. 200112) Authorizes appropriations. 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. 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. (Sec. See Brooks, supra, 150 N.J. at 403, 696 A.2d 619. 31133) Prohibits funds authorized under this Act from being used to finance the construction of housing. 230102) Expresses the sense of the Senate that: (1) law should provide for a victim's right of allocation at a sentencing hearing and at any parole hearing if the offender has been convicted of a crime of violence or sexual abuse; (2) such a victim should have an opportunity equivalent to that accorded to the offender's counsel to address the sentencing court or parole board and to present information in relation to that sentence imposed or to the early release of the offender; and (3) if the victim is unable or chooses not to testify at a sentencing or parole hearing, the victim's parents, legal guardian, or family members should have the right to address the court or board. Title XXXI: Violent Crime Reduction Trust Fund - Establishes as a separate account in the Treasury a Violent Crime Reduction Trust Fund. In any event, there is no evidence in the record of any physical impediment to plaintiff's engaging in sexual relations. (Sec. 30202) Authorizes appropriations. 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. 3.Antalgic means [a]cting to allay or prevent pain. J.E. 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. 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. (Sec. 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. 250007) Sets forth provisions regarding fraud and related activity in connection with access devices. Sets limits on grants for equipment, technology and support systems. 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. 20411) Amends the Higher Education Act of 1965 to prohibit awards of Pell Grants to any individual incarcerated in a Federal or State penal institution. (Sec. Mr Lawes, was looking for this hammer, which had been lost. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, information stored or retrieved for this purpose alone cannot usually be used to identify you. 140006) Increases penalties under: (1) the Controlled Substances Act (CSA) for employing children to distribute drugs near school and playgrounds; and (2) the Federal criminal code for Travel Act crimes involving violence and conspiracy to commit contract killings. The technical storage or access is required to create user profiles to send advertising, or to track the user on a website or across several websites for similar marketing purposes. Sets forth provisions regarding: (1) concurrent and pendent jurisdiction; and (2) limitations on removal. Superior Court of New Jersey, Appellate Division. Authorizes appropriations. Plaintiff contends that the judge erred in granting defendants summary judgment on her claim for pain-and-suffering damages because she has suffered injuries that constitute permanent loss of bodily function as well as permanent disfigurement. Plaintiff maintains that her fractures, pain on the right side of her body, and post-traumatic stress disorder, individually or taken together, constitute a permanent loss of a bodily function. Additionally, she argues that the scars from her surgery and the swelling and disfiguration of her nose are permanent disfigurements. Plaintiff also asserts that looking at the totality of her injuries and the manner in which she was injured, the circumstances of her case are sufficiently aggravating to meet the criteria set forth in N.J.S.A. (Sec. Title V: Drug Courts - Amends the Omnibus Act to authorize the Attorney General to make grants to States, State courts, local courts, local governments, and Indian tribal governments, for programs that involve: (1) continuing judicial supervision over non violent offenders with substance abuse problems; and (2) the integrated administration of other sanctions and services which shall include mandatory periodic testing for the use of controlled substances or other addictive substances during any period of supervised release or probation for each participant, substance abuse treatment for each participant, supervised release involving the possibility of prosecution, confinement, or incarceration based on noncompliance with program requirements or failure to show satisfactory progress, and programmatic, offender management, and aftercare services such as a relapse prevention, health care, education, vocational training, job placement, housing placement, and child care or other family support services for each participant who requires such services. Indeed, Dr. D'Agostini assured her there was no reason why she could not resume sexual activities with her husband. 110507) Increases the penalty for: (1) knowingly making a false, material statement in connection with the acquisition of a firearm from a licensed dealer; and (2) interstate gun trafficking. (Sec. 20109) Authorizes appropriations. Sets forth reporting requirements. Reserves certain funds for such priority activities. Circuit Court: It is important to note that following promulgation of the proposed changes, section 112(j) regulations would only apply where there has been or occurs in the future a vacatur of a MACT standard since U.S. EPA has issued MACT standards for all initially listed source categories. (Sec. Subtitle B: Drug Free Truck Stops and Safety Rest Areas - Drug Free Truck Stop Act - Amends the CSA to enhance penalties for drug distribution at or near truck stops and safety rest areas. (Sec. 30402) Family and Community Endeavor Schools Act - Authorizes the Secretary to award grants on a competitive basis to eligible local entities to pay for the Federal share of assisting eligible communities to develop and carry out programs under this Act. Allows a victim named in a restitution order, in a case involving sexual exploitation and other abuse of children, to receive the restitution in the same manner as a judgment in a civil action. (Sec. 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. 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. Clay Ceramics Manufacturing (Clay Ceramics MACT) vacated on June 18, 2007. 280003) Directs the Sentencing Commission to provide sentencing enhancements for hate crimes. (Sec. 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. 110509) Authorizes the summary destruction of explosives subject to forfeiture by the seizing officer under specified circumstances. Cf. He also asked the Metropolitan Museum of Directs the Attorney General to develop guidelines for the adoption of appropriate safeguards by care providers and by States for protecting children, the elderly, or individuals with disabilities from abuse. Requires the Attorney General, if the NAS declines to conduct the study and develop a research agenda, to recommend a nonprofit private entity that is qualified to conduct such study. Authorizes appropriations. Specifies that a State, Indian tribal government, or local government shall not be entitled to funds under this chapter unless: (1) it or another governmental entity incurs the fullout-of-pocket cost of forensic medical exams for victims of sexual assault; and (2) it certifies that its laws, policies, and practices do not require, in connection with the prosecution of any misdemeanor or felony domestic violence offense, the abused to bear the costs associated with the filing of criminal charges against the offender or with the issuance or service of a warrant, protection order, or witness subpoena, or it gives the Attorney General assurances that it will come into compliance within a specified time frame. Sets forth provisions regarding: (1) restrictions on the use of funds; and (2) reporting and recordkeeping (including access to records) requirements. Subtitle E: Violence Against Women Act Improvements - Amends the Federal criminal code to provide for pretrial detention in sex offense cases. Note that the hammer was registered as 1994,0408.400 in the original registration sequence. Environmental, Social, and Governance (ESG), Reciprocating Internal Combustion Engines (RICE), Environmental, Health, And Safety Consulting Services. Provides that in the case of abused spouses and abused children who are self-petitioning, divorce may not be the basis for revocation of the petition. Accordingly, we reverse and remand for trial. 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. (Sec. Specifically, the story follows Evdokia Kuznetsova, a female inmate of the Stalinist gulag who is handed over to. Authorizes appropriations. 59:1-1 to-12-3 (the Tort Claims Act), plaintiffs Susan Hammer and Alan Hammer 1 appeal from a dismissal of The judge also did not refer to the swelling of plaintiff's nose, the facial scars extending from her right lower lip to her chin and from the corner of her right eye to her nose, or the scar on her elbow which is shaped like an inverted V. In fact, the judge did not make any findings of fact or conclusions of law, or provide any reason for his decision. In doing so, he made no mention of the numerous surgeries plaintiff had undergone to repair her face, leg and elbow. WebThe hammer energy determines the velocity of the impact tests according to ISO, ASTM and equivalent standards. Similar to the above hammer clause, 50/50 is an indication that the insured U.S. EPAs proposed amendments would affect all major sources of HAP that were previously subject to the following MACT standards that were vacated in their entirety by the D.C. (Sec. Permits such right to be exercised by a parent or guardian if the victim is under 18, or by one or more family members if the victim is deceased or incapacitated. This Court further finds that the healed fractures do not constitute, individually, a permanent bodily function that is lost. 130010) Expresses the sense of the Senate that: (1) asylum is a process intended to protect aliens in the United States who cannot safely return home; (2) persons outside their country who have a well-founded fear of persecution if they return should apply for refugee status at one of our refugee processing offices abroad; and (3) the immigration, refugee, and asylum laws should be reformed to provide for a streamlined affirmative asylum processing system for asylum applicants who make their application after they have entered the United States. Title XXVI: Commission Membership and Appointment - Revises provisions regarding the National Commission to Support Law Enforcement, including increasing the number of members and making specified activities reimbursable. Sets penalties for violations. 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 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. 200107) Directs that participants in State Police Corps programs be selected on a competitive basis by each State under regulations prescribed by the Director. It is the largest crime bill in the history of the United States and consisted of 356 pages that provided for 100,000 new police officers, $9.7 billion in funding for prisons and $6.1 billion in funding for prevention programs, which were designed with significant input from experienced police officers. 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. The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress, and was published on Aug 21, 1994. (Sec. Updates? 31702) Specifies that such grants shall be used to fund: (1) programs that require the cooperation and coordination of prosecutors, school officials, police, probation officers, youth and social service professionals, and community members in the effect to reduce the incidence of, and increase the successful identification and speed of prosecution of, young violent offenders; (2) programs in which prosecutors focus on the offender, not simply the specific offense, and impose individualized sanctions and increasingly serious sanctions on a young offender who continues to commit offenses; (3) programs that coordinate criminal justice resources with educational, social service, and community resources to develop and deliver violence prevention programs, including mediation and other conflict resolution methods, treatment, counseling, educational, and recreational programs to create alternatives to criminal activity; and (4) cooperative efforts in rural States between State and local prosecutors, victim advocacy and assistance groups, social and community service providers, and LEAs to investigate and prosecute child abuse cases, treat youthful victims of child abuse, and work in cooperation with the community to develop education and prevention strategies directed toward the issues with which such entities are concerned. 200108) Requires the Director to establish programs of training for Police Corps participants, which may be carried out at up to three training centers established for such purpose and administered by the Director, or by contracting with existing State training facilities. What is the MACT Hammer? (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. 320909) Authorizes the venue for espionage and related offenses to be in the District of Columbia or in any other district authorized by law. Subtitle S: Family Unity Demonstration Project - Family Unity Demonstration Project Act - Authorizes appropriations for State and Federal family unity demonstration projects that enable eligible prisoners to live in community correctional facilities with thier children for purposs of alleviating harm to children and primary caretaker parents caused by separation due to incarceration, reducing recidivism rates, and exploring the cost effectiveness of community correctional facilities. (Sec. (Sec. (Sec. (Sec. (Sec. Among the proposals were tax cuts, a permanent line-item veto, measures to reduce crime and provide middle-class tax relief, and constitutional amendments requiring term limits and a balanced budget. 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 110104) Directs the Attorney General to study and report to the Congress on the impact of this Act on violent and drug trafficking crime. Requires participants who do not follow through on their commitment to pay back all the scholarship money plus ten percent interest. The Violent Crime Control and Law Enforcement Act of 1994. We love educating Americans about how their government works too! Modifies FRE 412 to make inadmissible in a civil or criminal proceeding involving alleged sexual misconduct evidence offered to prove: (1) that any alleged victim engaged in other sexual behavior; and (2) any alleged victim's sexual predisposition. 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. (Sec. (Sec. The technical storage or access that is used exclusively for anonymous statistical purposes. 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.