Just a day before we learn the fate of Queens Senator Hiram Monserrate one of his colleagues introduces legislation that calls for automatic expulsion of senators convicted of violent misdemeanors. Our Erin Billups has the latest from the capitol.

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

The question is what type of resolution deciding the fate of Queens Senator Hiram Monserrate will make it to the floor? Senate Leader John Sampson says he must decide whether to allow a bill that would censure Monserrate, meaning he could lose his chairmanship and other perks or expel him.

Republicans say they won't accept anything less than Monserrate's removal. And there are democrats willing to join with republicans. But that still doesn't mean a resolution to expel Monserrate will make it to the Senate floor.

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

A Monserrate expulsion could leave Senate democrats one vote shy of the 32 needed to pass legislation. Sampson says the legal ramifications of an unprecedented expulsion vote are also a concern. Which is why Senate Majority Leader Pedro Espada introduced a bill Monday that would require automatic expulsion of senators convicted of a class-a misdemeanor.

"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 said.

Espada's bill only includes those convicted in the future, meaning Monserrate would not be affected.

"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 an United States of America that goes by a case by case basis," said Espada.

The other Senate leaders say they won't comment on Espada's bill until they have time to read it.

Lawmakers plan to vote on Monserrate's future in the Senate Tuesday.