GovTrack.us is not a government website. Title XI: Firearms - Subtitle A: Assault Weapons - Public Safety and Recreational Firearms Use Protection Act - Amends the Federal criminal code to prohibit the manufacture, transfer, or possession of a semiautomatic assault weapon (SAW) as defined or listed under this Act. Specifies that evidence of an alleged victim's reputation is admissible only if it has been placed in controversy by the alleged victim. 40113) Requires that a court order restitution for violations of Federal sexual abuse laws, including for sexual exploitation and other abuse of children. Directs the Attorney General, in determining where to locate any new Federal prison facility and in accordance with the Department of Justice's (DOJ) duty to review and identify a use for any portion of an installation closed pursuant to specified provisions of the Defense Authorization Amendments and Base Closure and Realignment Act and the Defense Base Closure and Realignment Act of 1990, to consider whether: (1) using any portion of such an installation provides a cost-effective alternative to the purchase of real property or construction of new prison facilities; (2) such use is consistent with a reutilization and redevelopment plan; and (3) the closure of any installation located in a rural area will have a substantial adverse impact on the economy of the local communities and on the ability of the communities to sustain an economic recovery from such closure. Sets forth provisions regarding: (1) the release of information; (2) immunity for good faith conduct; and (3) compliance by States with provisions of this title and ineligibility for a percentage of funds provided under the Omnibus Act for States not in compliance. 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. Concert History of Hammerjacks Baltimore, Maryland, United (Sec. Title XXI: State and Local Law Enforcement - Subtitle A: Byrne Program - Authorizes appropriations to carry out drug control and system improvement grant programs under the Omnibus Act. 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. (Sec. Reserves certain funds for such priority activities. 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. Absent objective medical evidence, plaintiff cannot recover pain-and-suffering damages for her right elbow. (Sec. 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. Subtitle E: Violence Against Women Act Improvements - Amends the Federal criminal code to provide for pretrial detention in sex offense cases. Requires that such methods ensure certain punishment for young offenders and promote reduced recidivism, crime prevention, and victim assistance. 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. Subtitle K: National Community Economic Partnership - National Community Economic Partnership Act of 1994 - Chapter 1: Community Economic Partnership Investment Funds - Establishes a program of community economic partnership investment funds. 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. See Brooks, supra, 150 N.J. at 403, 696 A.2d 619. Authorizes appropriations. 130004) Sets forth procedures for the expedited deportation of aliens convicted of aggravated felonies. 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. 31502) Defines "at-risk youth recreation grants" under such Act to mean rehabilitation grants, innovation grants, or matching grants for continuing program support programs of demonstrated value or success in providing alternatives to youth at risk for engaging in criminal behavior in neighborhoods and communities with a high prevalence of crime, particularly violent crime or crime committed by youthful offenders. Reversed and remanded for trial in conformity with this opinion. Hammer: Pumps and a Bump, Version Grants priority for such treatment based on an eligible prisoner's proximity to his or her release date. Requires the Attorney General to make grants to State, Indian tribal, and local correction authorities and public health authorities to assist in establishing and operating programs for the prevention, diagnosis, treatment, and followup care of tuberculosis among inmates. 320109) Repeals the $250 limit on fines for the unauthorized wearing, manufacturing, or selling of military medals or decorations. 60003) Authorizes the death penalty for various offenses, including, where death results: (1) hostage taking; (2) murder for hire; (3) racketeering; (4) genocide; (5) carjacking; (6) rape and child molestation murders; (7) sexual exploitation of children; (8) homicides involving firearms in Federal facilities; (9) murder of Federal witnesses; (10) foreign murder of U.S. nationals; (11) civil rights murders; (12) murder by a Federal prisoner, or by escaped prisoners; (13) drive-by shootings; (14) gun murders during Federal crimes of violence and drug trafficking crimes; (15) murder of State or local officials assisting Federal law enforcement officials and State correctional officers;(16) use of weapons of mass destruction; (17) violence at international airports; (18) violence against maritime navigation or fixed platforms; (19) torture; and (20) kidnapping. 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. Authorizes appropriations. 320909) Authorizes the venue for espionage and related offenses to be in the District of Columbia or in any other district authorized by law. Permits an alien who is the child of a U.S. citizen of good moral character, who is eligible to be classified as an immediate relative, and who has resided in the United States with the citizen part to file a petition with the Attorney General for classification as an immediate relative if the alien demonstrates that: (1) he or she residing in the United States and during the period of residence with the citizen parent, the alien has been battered by, or has been the subject of extreme cruelty perpetrated by, the alien's citizen parent; and (2) he or she is a person whose deportation, in the opinion of the Attorney General, would result in extreme hardship to the alien. Not consenting or withdrawing consent, may adversely affect certain features and functions. Because you are a member of panel, your positions on legislation and notes below will be shared with the panel administrators. Youve cast your vote. The technical storage or access that is used exclusively for statistical purposes. 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. A Brief History of the National Performance Review 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. Specifies that, in the case of a defendant for whom the statutorily required minimum sentence is five years, sentencing guidelines shall call for a range in which the lowest term of imprisonment is at least 24 months. Sets penalties for assault resulting in substantial bodily injury. 150007) Amends the Omnibus Act to permit the use of drug control and system improvement grants for victims assistance programs and multijurisdictional gang task forces. Sets penalties for violations. 59:9-2(d)). Federal and State permit writers were then required to determine, on a case-by-case basis, emission limitations equivalent to MACT, had an emission standard been promulgated in a timely manner as required under the CAA. Hammer v. Dagenhart 137, 342 A.2d 875 (Law Div.1975). (Sec. (Sec. Brooks clarified the standard necessary to meet the threshold under N.J.S.A. (Sec. Please try again. Sets forth provisions regarding eligibility, application requirements, use of grant monies, and related requirements. Authorizes appropriations. Hammer, Deion Sanders. 20405) Amends the Federal criminal code to repeal the requirement that credit toward service of sentence for satisfactory behavior ("good time") be granted to a prisoner serving a term of imprisonment of more than one year for a crime of violence. 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. 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. 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. 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. (Sec. 230206) Requires grantees to certify that no grant funds will be used to supplant State and local funds, but rather will supplement those otherwise available funds. (Sec. (Sec. 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. (Sec. at 292, 639 A.2d 1120. This Court further finds that the healed fractures do not constitute, individually, a permanent bodily function that is lost. 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). The proposed revisions address the applicability and implementation of section 112(j) of the CAA and streamline the process for establishing case-by-case emission limits in the event of the complete vacatur of a section 112(d) rule (i.e., a MACT standard). (Sec. (Sec. Sets forth provisions regarding: (1) supervised release following revocation; and (2) delayed revocation. (Sec. 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. Title XII: Terrorism - Amends the Federal criminal code to extend the statute of limitation to eight years for certain terrorist offenses, subject to specified limitations. Subtitle O: Urban Recreation and At-Risk Youth - Amends the Urban Park and Recreation Recovery Act of 1978 to include among the purposes of such Act to improve recreation facilities and expand recreation services in urban areas with a high incidence of crime, to help deter crime through the expansion of recreation opportunities for at-risk youth, to increase the security of urban parks, and to promote collaboration between local agencies involved in parks and recreation, law enforcement, youth social services, and the juvenile justice system. 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. Sets forth provisions regarding: (1) mitigating and aggravating factors to be considered in determining whether a sentence of death is justified, including aggravating factors for a drug offense death penalty; (2) the conduct of a special hearing to make such determination; (3) procedures for the imposition, review, and implementation of such sentence; (4) use of State facilities to carry out such sentence; and (5) special provisions for Indian country. Dagenhart, United States Supreme Court, (1918) Case summary for Hammer v. Dagenhart: After Congress passed the Keating-Owen Act (the Act), which prevented the sale of goods made by children under a certain age, Dagenhart, a father of two minor boys, brought suit claiming the Act was unconstitutional. Please help us make GovTrack better address the needs of educators by joining our advisory group. (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. 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. Specifies that communities identified for such projects shall be selected by the Treasury on the basis of gang-related activity in the particular community. 59:9-2(d) does not apply and plaintiff may present evidence relating to all of her alleged permanent injuries to the jury. This hammer clause split is the most common version of the clause that we see. 59:9-2(d). Postal Service to promulgate regulations to secure the confidentiality of domestic violence shelters and abused persons' addresses. 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. One of the most noted sections was the Federal Assault Weapons Ban. (Sec. (Sec. 5.Plaintiff disputed this in her deposition on September 17, 1996. 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.
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