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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. One of the most noted sections was the Federal Assault Weapons Ban. Authorizes appropriations. 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. We are also still on Instagram at @govtrack.us posting 60-second summary videos of legislation in Congress. (Sec. (Sec. (Sec. (Sec. Authorizes appropriations. Creates a civil cause of action for persons suffering damage or loss by virtue of a violation of this Act. Last updated Oct 11, 2018. 110508) Prohibits: (1) possession of explosives by felons and others; (2) transactions involving stolen firearms or ammunition which have moved in interstate or foreign commerce; and (3) the theft of firearms or explosives from a licensed dealer. Bibliographic references Johns 2010 / The Hoxne Late Roman Treasure: Modern Slavery Act Statement; Calls upon the President to exempt Federal law enforcement positions from executive orders and memoranda mandating reductions in the Federal workforce. Subtitle H: Recreational Hunting Safety - Recreational Hunting Safety and Preservation Act of 1994- Prohibits engaging in any physical conduct that significantly hinders a lawful hunt. 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. 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. 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). Sets forth registration requirements, including: (1) the duty of a State prison officer, when a person required to register is released from prison or placed on parole or supervised release (or, in the case of probation, the court) to inform the person of the duty to register and provide any new address to a designated State LEA within ten days, to obtain fingerprints and a photograph, and to obtain certain criminal history and treatment information and documentation; (2) the transfer of information to the State LEA, which shall immediately transmit the conviction data and fingerprints to the FBI; (3) verification; (4) notification of local LEAs of changes of address; (5) registration for change of address to another State; and (6) length of registration (for ten years after being released from prison, or placed on parole, supervised release, or probation and, with respect to sexually violent predators, until that person no longer suffers from a mental abnormality or personality disorder that would make the person likely to engage in a predatory sexually violent offense). (Sec. 140008) Directs the Sentencing Commission to promulgate guidelines, or amend existing guidelines, to provide that a defendant at least age 21 who has been convicted of an offense receive an appropriate sentence enhancement if the defendant involved a minor in the commission of the offense. ), certif. 120003) Prohibits and sets penalties for: (1) counterfeiting U.S. currency abroad; and (2) providing material support to terrorists (and authorizes investigations under certain conditions), subject to specified requirements with respect to activities protected by the First Amendment. Subtitle I: Other Provisions - Amends the Federal criminal code to prohibit: (1) the disclosure of information obtained through wiretapping or electronic surveillance with intent to obstruct a criminal investigation; (2) the theft of major art works from museums; (3) attempted robbery, kidnaping, smuggling, and property damage offenses; (4) transmitting in interstate or foreign commerce information to be used for the purpose of procuring a lottery ticket, subject to specified requirements and exceptions; and (5) misuse of the words "Drug Enforcement Administration" or the initials "DEA." (Sec. Leaves intact Federal judicial power to issue other equitable relief where appropriate, including the requirement of improved medical or health care and the imposition of civil contempt fines or damages. Similarly, plaintiff failed to present any objective medical evidence of an injury to her right elbow, shoulder or ankle that meets the requirements of N.J.S.A. (Sec. 40414) Authorizes appropriations. (Sec. (Sec. 70002) Limits the authority of a court to modify an imposed term of imprisonment to include a requirement that the defendant be at least age 70 and have served at least 30 years in prison for the offense or offenses for which the defendant is currently imprisoned, and that a determination has been made by the Director of the Bureau of Prisons that the defendant is not a danger to the safety of any other person or the community. Authorizes appropriations to a Local Government Fiscal Assistance Fund of the Department of the Treasury. The email address cannot be subscribed. (Sec. Directs the Attorney General, in acting on applications under this subtitle, to consider any credible relevant evidence. In this New Jersey Tort Claims Act case, N.J.S.A. In June 1996, Dr. Semel reported that although the condition ha[d] moderated, it appeared to be chronic and partially disabling. Several months later, on October 23, 1996, he described plaintiff's post-traumatic stress disorder as characterized by elements of anxiety and depression and that her current level of distress [fell] into the mild range. He noted that [p]rogress [was] evident[, but a] full resolution ha[d] not been achieved. In his final report, on July 29, 1997, Dr. Semel opined that [w]ithin reasonable medical probability, [plaintiff] will remain as she is[,] less than fully recovered. He concluded that [t]his partial disability appears to be permanent and ongoing. His report makes no mention of plaintiff's claimed sexual dysfunction except to reiterate her complaints. (Sec. (Sec. As a threshold observation, we agree with the motion judge's conclusion that plaintiff was required to demonstrate not only that she sustained a disfigurement but that the disfigurement is both permanent and substantial. Cf. 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). Amends the Asset Forfeiture Amendments Act of 1988 to provide for the use of certain unobligated balances remaining in the Special Forfeiture Fund for drug control activities of any Federal agency or State or local entity with responsibilities under the Strategy, subject to advance written approval of the House and Senate Appropriations Committees. Sets forth provisions regarding eligibility, application requirements, use of grant monies, and related requirements. Sets forth provisions regarding: (1) restrictions on the use of funds; and (2) reporting and recordkeeping (including access to records) requirements. 1994. 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. Cf. 210402) Directs the Attorney General to acquire data about the use of excessive force by law enforcement officers and to publish an annual summary of such data. Sets forth provisions regarding: (1) qualification for payment; (2) State area, territorial government and local government allocations; (3) income gap multipliers; (4) State variation and adjustments of local government allocations; (5) information used in allocation formula; (6) public participation; (7) prohibited discrimination; (8) discrimination proceedings and related issues (including enforcement by the Attorney General of prohibitions against discrimination and civil actions by adversely affected persons); (9) judicial review; (10) audits, investigations, and reviews; and (11) reporting requirements. 130006) Authorizes appropriations for the INS to increase the resources for the Border Patrol, the Inspections Program, and the Deportation Branch to apprehend illegal aliens who attempt clandestine entry into the United States or entry with fraudulent documents or who remain in the country after their nonimmigrant visas expire. 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. (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. (Sec 280006) Requires the Sentencing Commission to report to the Congress on issues relating to sentences applicable to offenses involving the possession or distribution of all forms of cocaine. Permits the use of such notice solely for law enforcement purposes. 30802) Authorizes appropriations. 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. Similar to the above hammer clause, 50/50 is an indication that the insured 59:9-2(d). (Sec. 1.References to plaintiff in the singular refer to plaintiff Susan Hammer. Authorizes the Attorney General to adjust the status of such alien and relative to permanent resident status under specified circumstances. 90206) Authorizes appropriations. 30702) Authorizes appropriations. 39:6A-8a (1972). (Sec. Title XXVIII: Sentencing Provisions - Amends the Federal criminal code to allow the court, in determining the sentence to be imposed in the case of a violation of probation or supervised release, to consider guidelines or policy statements issued by the Sentencing Commission. at 292, 639 A.2d 1120. 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. 40154) Directs the Attorney General to compile information regarding sex offender treatment programs and ensure that information regarding community treatment programs in the community into which a convicted sex offender is released is made available to each person serving a sentence of imprisonment in a Federal penal or correction institution for a commission of a sex offense, or of a similar offense, including halfway houses and psychiatric institutions. 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. 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. Title XVIII: Crimes Against Children - Subtitle A: Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act - Directs the Attorney General to establish guidelines for State programs that require a person who is: (1) convicted of a criminal offense against a minor or of a sexually violent offense to register a current address with a designated State LEA for a specified period; and (2) a sexually violent predator to register a current address with a designated State LEA. Itemizes firearms under various categories as an appendix to Federal firearms provisions. Authorizes the Secretary to: (1) establish a peer review panel to conduct the initial review of all grant applications received and to make recommendations regarding grant funding and a design for program evaluation; and (2) conduct such investigations and inspections as necessary to ensure compliance with the provisions of this Act. U.S. EPA believes that 180 days is sufficient since the facility would have already developed the information needed for the application during the development of the now-vacated rule. (Sec. He also asked the Metropolitan Museum of Accordingly, we reverse and remand for trial. 59:9-2(d). 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. (Sec. 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. (Sec. Absent objective medical evidence, plaintiff cannot recover pain-and-suffering damages for her right elbow. We love educating Americans about how their government works too! 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 293, 639 A.2d 1120. In light of this concession, while we take no position on its correctness, on remand plaintiff may present proof of the nature and extent of all of her injuries to the trier-of-fact. (Sec. 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. at 413, 423, 696 A.2d 625. Stated differently, Collins requires sufficiently aggravated circumstances before liability will attach under the Tort Claims Act. 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. Establishes penalties for such activities which involve a Congressional Medal of Honor. 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. Sets forth provisions regarding: (1) concurrent and pendent jurisdiction; and (2) limitations on removal. 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. WebUnder the Federal Death Penalty Act of 1994, in deciding to recommend a sentence of death, the jury was required to pass through several stages. (Sec. Requires grant recipients to keep records. The technical storage or access is necessary for the legitimate purpose of storing preferences that are not requested by the subscriber or user. Sets forth provisions regarding application requirements, consideration of applications, and report requirements. Indeed, Dr. D'Agostini assured her there was no reason why she could not resume sexual activities with her husband. 280005) Directs the President to designate three Vice Chairs of the Sentencing Commission. Authorizes appropriations. Authorizes appropriations and the hiring of additional DEA agents. (Sec. 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. 330025) Amends the Victims of Crime Act of 1984 to provide that an eligible crime victim compensation program is an eligible program under the Act if it is operated by a State and offers compensation to victims and survivors of victims of criminal violence for medical expenses attributable to a physical injury (including for mental health counseling and care), loss of wages attributable to a physical injury, and funeral expenses attributable to a death, resulting from a compensable crime. Provides for a redistribution of withheld funds to other States, Indian tribal governments, or local governments. (Sec. The collision was of sufficient force to cause substantial damage to the station wagon. (Sec. 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. Specifically, the story follows Evdokia Kuznetsova, a female inmate of the Stalinist gulag who is handed over to. Hammer, Deion Sanders. Both doctors noted full range of motion in plaintiff's right shoulder. Authorizes appropriations. Makes violators liable in a civil action to the individual to whom the released information pertains. 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. (Sec. Encyclopedia of Counseling. Red Hammer 1994 is an exciting military thriller about nuclear war. Id. Description. (Sec. (Sec. 90102) Directs the Sentencing Commission to amend its sentencing guidelines to appropriately enhance the penalties for drug-dealing in "drug-free" zones and for illegal drug use in, and smuggling drugs into, Federal prisons. 5.Plaintiff disputed this in her deposition on September 17, 1996. WebHammer: Pumps and a Bump, Version 2: Directed by Craig S. Brooks. (Sec. 59:9-2(d). N.J.S.A. 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. The Violent Crime Control and Law Enforcement Act of 1994. 210303) Requires the Director of: (1) the FBI to appoint an advisory board on DNA quality assurance methods from among nominations proposed by the head of the National Academy of Sciences and professional societies of crime laboratory officials and issue standards for quality assurance; and (2) the National Institute of Justice (NIJ) to make specified certifications to the House and Senate Judiciary Committees regarding the establishment of a proficiency testing program for DNA analyses. Both Dr. D'Agostini and Dr. Tillis noted that, despite plaintiff's tendinitis, her shoulder did have a full range of motion. (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. 40602) Authorizes the Attorney General to provide grants to States and local governments to improve processes for entering data regarding stalking and domestic violence into local, State, and national crime information databases. Please sign up for our advisory group to be a part of making GovTrack a better tool for what you do. 3.Antalgic means [a]cting to allay or prevent pain. J.E. According to Dr. Semel, plaintiff's psychiatrist, her current level of [psychological] distress only falls into the mild range. Although plaintiff initially suffered from flashbacks and nightmares, those conditions have moderated. Indeed, Dr. Semel indicated in his two most recent reports that plaintiff's only permanent psychological injury is a mild level of anxiety and depression. (Sec. 31133) Prohibits funds authorized under this Act from being used to finance the construction of housing. 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. 180103) Requires the Director of the Federal Law Enforcement Training Center to develop a specialized course of instruction devoted to training law enforcement officers from rural agencies in the investigation of drug trafficking and related crimes. 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. Postal Service to promulgate regulations to secure the confidentiality of domestic violence shelters and abused persons' addresses. Sets forth provisions regarding multiple offenders or victims, payment schedules, setoffs, effect on other sources of compensation, compliance as a condition of probation or supervised release, proof of claim, modification of an order, and reference of any issue arising in connection with a proposed order to a magistrate or special master.