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Espada's proposal would apply to Class-A misdemeanors convictions.

Currently, only felony convictions can cost senators their jobs.

"This is about how the constitution of this state is written. This is about ambiguity in law, this is about something that is unprecedented. My law is the answer to this problem," Espada Jr. said.

The proposal comes as Democratic leaders decide how to deal with Senator Hiram Monserrate, pictured above right with his attorney, who was convicted of misdemeanor assault for dragging his girlfriend but acquitted of felony assault charges.

The Espada measure would not be retroactive, leaving Monserrate unaffected if it passes.

"If an expulsion resolution comes to the floor there's more than sufficient votes, that he will be expelled," said Senate President Pro Temp Malcolm Smith.

Meanwhile, Senate Democratic leader John Sampson has given no indication of whether or not a vote will be taken up on the floor Tuesday.

"I'm going to make a decision, not on what is popular, but what is correct," Sampson said.

"It shouldn't solely be up to Senator Sampson, what resolution, if any, is brought to the senate floor," said Senate Minority Leader Dean Skelos.

A Monserrate expulsion could leave Senate Democrats one vote shy of the 32 needed to pass legislation.

Both Sampson and Espada Jr. say the legal ramifications of an unprecedented expulsion vote are also a concern.

"My answer with respect to 'Do I vote for expulsion?' is no, because there is no set standards right now and we cannot live in a United States of America that goes by a case by case basis," Espada Jr. said.

Both Monserrate and Espada Jr. teamed up last summer to side with Republicans in a Senate coup that paralyzed the chamber for more than a month.